The judgment of the court below is reversed.

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

Seized evidence No. 1 shall be forfeited from the defendant.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. On October 18, 2016, the Defendant was sentenced to imprisonment with prison labor for and on April 7, 2017 at the Busan District Court for a violation of the Narcotics Control Act, and the judgment became final and conclusive on April 7, 2017. As such, the Defendant’s crime of violation of the Act on the Control of Narcotics, Etc. and the violation of the Act on the Control of Narcotics, Etc., which became final and conclusive on April 18, 2017 with respect to the Defendant’s concurrent crimes under the latter part of Article 37 of the Criminal Act, should be sentenced in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence acknowledged by the court against the defendant and the summary of the evidence are the facts constituting an offense, and the judgment of the court below became final and conclusive on April 7, 2017, after having been sentenced on October 18, 2016 to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court as of October 18, 2016.

The phrase “a previous conviction in the judgment of the court below” is added, and “a summary of evidence” is cited at the end by Article 369 of the Criminal Procedure Act, except for the addition of “a criminal record in the judgment of the court below: a criminal investigation report (Attachment of a criminal suspect A’s recent copy of the judgment of the court below) and a “comnet search” of the Supreme Court.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, and Article 4 (1) 3 (b) of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Confiscation.