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

4,200,000 won shall be additionally collected from the defendant.

The punishment of the lower court (one year and six months of imprisonment and additional collection of 4.2 million won) is too unreasonable.

Judgment

Considering the fact that the defendant was sentenced two times to the same end and that there is a high possibility of criticism by putting the same kind of crime of this case during the period of the suspension of execution, but considering the fact that the defendant's reflects, actively cooperates in the arrest of the investigation agency and the investigation official document confirming it is submitted to the court below and the court below, the sentence of the court below is somewhat heavy.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crimes in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. 4.2 million won under the proviso to Article 67 of the Act on the Control of Narcotics, etc. (=600,000 won in KRW 5 million)