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

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

1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have been administered two times following the receipt of 0.05g philophones.

The Defendant had previously been sentenced to the suspension of the execution of imprisonment with prison labor and imprisonment with prison labor on two occasions over two occasions during the previous crimes of narcotics.

The instant crime was committed by the Defendant at the Busan District Court on June 19, 2018, and was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) and committed again on April 30, 2019 during the period of repeated crime due to a previous conviction on which the execution of the instant punishment was completed.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The amount of philophones received by the Defendant as the instant crime and administered by the Defendant is not much.

The defendant seems to have shown his will to her intention.

The investigation procedure was initiated for those who administered philophones together with the defendant due to the defendant's information.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship to the related persons, motive, means and consequence of the crime, the punishment 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 as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reasons concerning Prosecution】 The entry of each column of the judgment below in accordance with Article 369 of the Criminal Procedure Act shall be quoted as it is in the original judgment.

Application of Statutes

1. Article 60 (1) of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;