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

60,000 won shall be additionally collected from the defendant.

2. The judgment of the Defendant is inevitable in that the Defendant committed the instant crime within the period of repeated crime due to the previous and previous crimes, and committed the instant crime beyond a simple medication or possession, and was sentenced to a sentence for the said act.

However, in full view of all the sentencing conditions, including the fact that the defendant led to the confession of the crime of this case, and that the defendant submitted a public document confirming it in the trial in cooperation with the investigation agency's arrest, etc., the sentence of the court below is somewhat heavy.

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

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 of Article 2 of the Act on the Management of Narcotics, etc., for which relevant criminal facts and the choice of punishment are applicable;

(b) Bath (trade of philophones, point of administration) and selection of each imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;