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

1,070,000 won shall be additionally collected from the defendant.

The punishment of the lower court (one year and six months of imprisonment, and 1070,000 won for collection) shall be unlimited and unfair.

Judgment

The fact that the medication of narcotics causes serious harm to society and the national soundness due to their toxicity, which requires punishment, and that the defendant has been sentenced three times to imprisonment with prison labor with the previous case, and that the defendant committed the crime of this case during the period of repeated crime due to the previous violation is disadvantageous to the defendant.

However, considering the fact that the Defendant’s mistake is divided into one’s own mistake, and that the public document was submitted to the effect that the Defendant arrested the narcotics offender by the Defendant’s cooperation in the investigation in the trial, and that the Defendant’s punishment is somewhat unreasonable, taking into account the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc. as shown in the records and arguments in this

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

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. (the purchase, possession, and medication of philopon) concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;