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

4.4 million won shall be additionally collected from the defendant.

2. Although the nature of the crime is not good in light of the amount, frequency, and period of philophones handled by the Defendant, the punishment imposed by the lower court is somewhat unreasonable in light of the following factors: (a) the Defendant is recognized and against the Defendant; (b) there was no record of committing the same kind of crime before the instant case; (c) the Defendant was informed of the upper party and provided a certificate of cooperation with the arrest; and (d) other factors such as the Defendant’s age, sex, family relationship, motive, means, and consequence of the crime; and (e) all the sentencing circumstances, including the circumstances after the crime

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's argument that the sentencing of the defendant is unfair is with merit, and the judgment below is ruled again as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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 and Article 60 (3) (limited to an attempted purchase of penphones), Article 4 (1) 1 and Article 4 (1) 3 (b) of the Act on the Selection of Narcotics, etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, the selection of imprisonment for a crime;

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

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