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

90,000 won shall be additionally collected from the defendant.

2. Each of the crimes of this case in collusion with D is that the defendant purchased and administered phiphones in collusion with D, three times, respectively, and the nature of the crime is not that of the crime.

The defendant has a high possibility of criticism in that he has 4 times of the same kind of force (three times of imprisonment with prison labor, a single fine) and a number of past offenses.

However, the Defendant led to the confession of each of the crimes of this case and the prevention of recurrence.

After the defendant was sentenced to a punishment for the same kind of crime in 2004, he has no record of being punished for the same crime.

Since the around 2013, the Defendant has been receiving medical treatment due to the in-depth color, etc., and family members want to find out their wife.

Above all, a public letter of investigation was submitted to the investigation authority to the effect that the defendant cooperates in the investigation into the crimes of G narcotics.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment 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)1, and Article 2 subparag. 3(b) (excluding Article 2-3 of the Criminal Act, respectively for the remaining criminal facts except Article 30 of the Criminal Act) of the Act on the Management of Narcotics, etc. for the pertinent criminal facts and the Selection of Punishment, etc., and Article 60(1)3 of the Act on the Management of Narcotics, etc. for the Selection of Punishment, etc., and Article 2 subparag.