The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized Handphone 30.65g 2014 No. 22013.

Summary of Grounds for Appeal

The punishment sentenced by the court below (limited to four years of imprisonment, confiscation, additional collection, 7,918,400 won) is too unreasonable.

Judgment

Not only has the history of punishment four times for the criminal act of the same kind (two times of imprisonment, one time of suspension of the execution of imprisonment, and one fine), but also considering the fact that the criminal defendant was sentenced on May 31, 2012 to the violation of the Act on the Control of Narcotics, Etc. (favour) and was sentenced on July 15, 2013 and again committed the criminal act of this case on July 15, 2013, even if the execution of the sentence was terminated and was repeated, he again committed the criminal act of this case; the amount of the penphone handled by the criminal defendant (total 120g or more); the criminal defendant was arrested and was released on the condition of investigation cooperation; the criminal defendant sold the penphone while he was released on the condition of investigation cooperation; the criminal defendant argued that he was in mind to have been in order to use the penphone to be administered, but it is not a professional sales crime. However, the criminal defendant's heavy necessity to punish the criminal defendant.

However, in full view of the following circumstances: (a) the Defendant makes a confession and reflect at the latest; (b) the Defendant’s cooperation significantly contributed to the arrest and investigation of other narcotics-related offenders; and (c) the Defendant’s age, character and conduct, the environment, the background, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and 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.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

(However, the facts charged in relation to the judgment of the court below [2014 Godan955].