A defendant shall be punished by imprisonment for not less than one year and six months.

3,600,000 won shall be additionally collected from the defendant.

2. The instant crime requires strict punishment against the Defendant, in consideration of the fact that the Defendant: (a) sold and provided phiphonephones; and (b) recognized and transferred drugs or other goods as narcotics for the purpose of committing a narcotics crime; and (c) the frequency of the instant crime reaches several times and the number of phiphones traded is high.

However, considering the following facts: (a) the instant crime was committed more than six years prior to the Defendant’s death and return to Korea, the Defendant’s mistake was divided in depth; (b) there was no previous conviction for the Defendant; (c) the Defendant’s family members are dependent; (d) the Defendant’s family members want the Defendant’s wife; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable; and (e) the Defendant’s above assertion is reasonable.

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 the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the 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. Relevant legal provisions of the Act on the Prevention of Illegal Trafficking in Narcotics, etc. and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., Article 9(2) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc., and Selection of Imprisonment with prison labor, respectively;

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. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. and Articles 16(1) and 13 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc.