The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

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

According to the records of this case and this court’s significant facts, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Daegu District Court on November 20, 2015, and such judgment became final and conclusive on April 30, 2016.

Since the crime of the judgment of the court below and the above crime of the court below against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced at the same time in consideration of equity and equity, so the judgment of the court below cannot be maintained any more.

3. 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, on the grounds that the above reasons for reversal are reversed ex officio, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court as well as the summary of the facts charged and the relevant evidence, among the reasoning of the judgment of the court below, were sentenced to imprisonment with labor for one year for a violation of the Narcotics Control Act at the Daegu District Court on November 20, 2015, and the judgment became final and conclusive on April 30, 2016.

Except for the addition of “the judgment of the court below,” it is identical to each corresponding part of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 of the Criminal Act and Articles 152 (1) and 31 (1) of the Criminal Act concerning the selection of criminal facts (elective of imprisonment);

1. Articles 153 and 55 (1) 3 of the Criminal Act to be mitigated by law;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing in the first sentence of Article 39(1) is to recognize and reflect in depth the crime of this case, and there is no record of punishment for the same crime.

In addition, the crime of this case is committed.