The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, according to the statement made by the Defendant at the court of first instance on August 18, 2017, the Defendant was sentenced to two years and six months to the crime of violation of the Narcotics Control Act at the Busan District Court on August 18, 2017, and the judgment became final and conclusive on December 22, 2017. As above, the crime of violation of the Narcotics Control Act (fence) and the crime of this case in relation to the crime of this case, which became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and the punishment for the crime of this case is set at the same time in consideration of the case where the judgment is to be made at the same time under Article 39(1) of the Criminal Act and equity. In this regard, the lower judgment is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment of the court below that "the defendant was sentenced to two years and six months for a violation of the Narcotics Control Act at the Busan District Court on August 18, 2017, and the judgment became final and conclusive on December 22, 2017.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The judgment on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act becomes final and conclusive.