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

The evidence No. 2684 of the Busan District Prosecutors' Office that was seized, and the evidence No. 3465 of the pressure of 2019 shall be confiscated from the defendant, respectively.

1,803,00 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

The punishment sentenced by the court below (two years of imprisonment, confiscation, collection 1,803,00 won) is too unreasonable.

2. Determination

It is recognized that there are circumstances such as the following: (a) the Defendant did not know even during the suspension period of the execution of the same kind of crime; (b) administered phiphones and smoked marijuana several times; (c) the Defendant inflicted injury on other prisoners with dangerous objects during the detention house; and (d) the Defendant’s liability for each of the crimes of this case is heavy; (b) the injured victim wanted to punish the Defendant’s severe punishment; and (c) in light of the content of the instant crime, the Defendant is addicted to phiphones and thus, is likely

However, in full view of the sentencing factors indicated in the proceedings of the instant case, such as the fact that the Defendant’s mistake is against himself, the fact that the Defendant deposited KRW 10 million for the victim of injury in the trial room, the social ties of the Defendant appears to have been publicly announced, the fact that in the case of special injury, the victim appears to be partially responsible for the victim, and the fact that in full view of the sentencing factors indicated in the proceedings of the instant case, such as the Defendant’s age, character and conduct and environment, motive for the crime, and circumstances after the crime, the punishment sentenced by

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

【Discretionary Judgment】

Criminal facts and summary of evidence

The summary of facts constituting an offense and evidence recognized by this court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the points of medication, receipt, and sale of oponphones, the choice of imprisonment), Article 61(1)4(a), Article 3 subparag. 10(a) of the Narcotics Control Act (the point of smoking in marijuana and the choice of imprisonment), Article 258-2(1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles)

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

In full view of the various factors of sentencing as seen earlier, the sentence is determined as per the text.

Judges Kim Hong-han (Presiding Justice)