A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

The sentencing of the court below (one year of imprisonment, additional collection) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant had already been punished three times for the same kind of crime; (b) the Defendant was sentenced to imprisonment of one year and two months for the same crime; and (c) the Defendant committed the instant crime during the period of repeated crime; (b) the instant crime was committed by a simple medication of phiphonephones at one time; (c) the Defendant voluntarily surrenders to the investigative agency with his family immediately after the medication; (d) the Defendant voluntarily surrenders himself to the investigation agency; (e) the Defendant is making it difficult for his family members, including the Defendant’s wife and wife, who wished to leave his wife; and (e) the Defendant’s family members, such as the motive and circumstance of the instant crime, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, are considered to be somewhat unreasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited 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 among repeated crimes;

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