2. The defendant shall be punished by imprisonment with prison labor for eight months;

3. 10,00 won from the defendant.

2. The judgment of this case has the record of punishment for the same kind of crime in the past, and the punishment for the crime is not less severe (in case of a crime during the repeated crime period, punishment is inevitable when a sentence of imprisonment is chosen), although there are unfavorable circumstances such as the confession and reflect of the defendant, the crime is committed only once, and the case is being committed with cooperation in the investigation of the defendant's drug crimes in the trial, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (10-2 years) of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and other various sentencing conditions as shown in the records and arguments of this case, it is recognized that the punishment of the court below is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for the elective Punishment of Crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;