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

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

2. The judgment of the court below is about 10 times the previous department of the defendant, 10 times the previous sentence, 9 times the previous sentence, and the crime of this case was committed during the same repeated crime period. However, the defendant immediately surrenders to the defendant after committing the crime of this case, and the defendant shows the appearance of the recognition of the crime of this case, and the sentencing conditions in the argument of this case, such as the defendant's age, character and conduct, motive, means and consequence, after the crime, are considered to be somewhat unreasonable.

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

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are 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. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Regulation of Relevant Acts and the Management of Narcotics, Etc. concerning facts constituting an offense;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (one time of medication for additional collection);