A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

2. The court below held that even though the defendant had three previous criminal records of the same kind (two previous criminal records, one time of suspended execution), he would not re-be subject to narcotics in light of the circumstances unfavorable to the defendant that he had committed a second crime during the same repeated crime period, and would not re-be subject to narcotics.

Considering the favorable circumstances, the sentence was determined by comprehensively considering the sentencing conditions, such as the defendant's age, sexual conduct, environment, details, motive, means and consequence of the crime, and the circumstances after the crime.

In the prosecutor's office, the investigation report that the defendant's active cooperation in investigation is underway and needs to cooperate in the future is submitted to the court of the original trial, and even if the defendant think of his or her children such as those studying in Japan, he or she will not repeat again.

Considering the fact that it is different, the sentence of the court below is unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with prison labor for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Important crimes (the scope of recommended punishment), medication, simple possession, etc., of Type 3 (b), the basic area (one hundred months to two years) (the person subject to special mitigation) [the person subject to special mitigation] of the investigation, [the person subject to special aggravation] of the same Category and the previous offense (the suspension of execution of execution of not more than three years) of the same type;

(b) multiple crimes;