A defendant shall be punished by imprisonment with prison labor for ten months and a fine of one hundred thousand won.

The above fine shall be imposed on the defendant.

2. Determination is an unfavorable circumstance that the Defendant had been punished twice for a drug crime, and committed the instant crime during the period of repeated crime resulting from a drug crime.

However, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case and made a mistake against the wrong, that the defendant was limited to a simple medication twice in the case of narcotics crimes, and that the defendant provided information and cooperation to the investigation by the defendant for the first time.

Comprehensively taking account of such circumstances, Defendant’s age, sex, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the records and arguments of this case, the lower court’s punishment was changed in the trial, resulting in the change of sentencing conditions in the trial, and thus was unduly unfair.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it 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, subparagraph 3 (b) of Article 2 (Article 3 (1) of the Punishment of Minor Offenses Act (Article 60 (1) 2, Article 4 (1) 3 of the Narcotics Act (Article 60 of the Act on the Control of Narcotics, Etc. and Selection of Punishment of Imprisonment), Article 3 (1) 2 of the Punishment of Minor Offenses Act (Article 3 (1) of the Punishment of Minor Offenses Act) concerning the crime;

1. Crimes under Article 35 of the Criminal Act for aggravated repeated crimes (as to the crimes against violation of the Act on the Control of Narcotics, etc.);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., the Criminal Act;