The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 to 3 shall be confiscated.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of one year and three months, confiscation of seized articles, and collection of 300,000 won) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, the Defendant was sentenced to imprisonment on December 6, 2016 with prison labor for a crime of violation of the Narcotics Control Act (competence), etc. at the Jung-gu District Court on December 6, 2016, and the judgment on April 26, 2017, which is after the sentence of the lower judgment, can be recognized as having become final and conclusive.

Therefore, the judgment of the court below that did not sentence the instant crime in consideration of equity and the case of concurrent judgment with regard to the crime of violation of the Act on the Management of Narcotics, Etc. for which the above judgment became final and conclusive, thereby making it impossible to maintain any further.

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

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is the first head of the lower judgment, and the Defendant was sentenced to imprisonment with prison labor on December 6, 2016 and on April 26, 2017, for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on December 6, 2016.

“A previous conviction in the judgment of the court below” is added and “a summary of evidence” is as stated in the corresponding column of the judgment of the court below, except for the addition of “a criminal record in the judgment of the court below: an investigation report (report attached to the judgment of the court below, etc.), a copy of the relevant judgment, and the case search.