The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

402,00 won shall be additionally collected from the defendant.

3.2

1. The sentence of the lower court (a year of imprisonment, 402,00 won additional collection) on the summary of the reasons for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to evidence, the Defendant was sentenced to imprisonment with prison labor for one year and ten months on April 14, 2016 for a violation of the Narcotics Control Act (fence) in support for the development of the Suwon method, and on October 28, 2016, which became final and conclusive on October 28, 2016. As such, the instant crime is in concurrent crimes with the crime of violating the Narcotics Control Act (fence) for which judgment has become final and conclusive and the crime of violation of the Act on the Control of Narcotics (fence) after Article 37 of the Criminal Act, and determined punishment after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and the case of mitigation or exemption of punishment, so in this respect, the lower judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The first head of the judgment of the court below was sentenced to imprisonment with prison labor on April 14, 2016 for the crime of violation of the Narcotics Control Act (fence) in the support for the development of sources of water source and the source of water source, and the judgment on October 28, 2016 became final and conclusive.

“A previous conviction in the judgment of the court below” is added to “a prior conviction in the judgment of the court of first instance: Defendant’s oral statement, investigation report (the attachment report of the criminal suspect A and the same kind of court records in Korea and the list of evidence Nos. 16),” as stated in each corresponding column of the judgment of the court below; thus, all these statements are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2, Article 4(1)1, and Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable.