A defendant shall be punished by imprisonment for not more than ten months.

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

The punishment of the lower court (one year of imprisonment, 100,000 won for additional collection) is too unreasonable.

2. The instant crime committed by the Defendant, even though the Defendant is not a person handling narcotics, is deemed to have administered 0.03g of Mesacopon (hereinafter “Mesopon”) in a coffee by drinking it on a coffee, and the Defendant committed the instant crime again during the period of repeated crime resulting from the same crime.

However, the Defendant recognized and reflected the instant crime, and the health status is not good, and the family members of the Defendant seek the Defendant’s wife.

In particular, the defendant informed the investigative agency of the philophone seller and cooperates with the investigation such as arrest of the seller.

(Defense Counsel submitted data showing such circumstances on June 22, 2015, which was following the pronouncement of the lower judgment). In addition, taking into account the following circumstances, including the Defendant’s age, character and conduct and environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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

Criminal facts and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Relevant Acts concerning facts constituting an offense, and Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) of the Act on the Management of Narcotics, Etc. that are elective for Punishment

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

3. The proviso to Article 67 of the Narcotics Control Act.