The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

3,900,000 won shall be additionally collected from the defendant.

1. The sentence of the lower court (one year of imprisonment and additional collection) on the summary of the reasons for appeal is too unreasonable.

2. The crime of this case is determined by the following circumstances: (a) the Defendant sold 1.4g of philophones to others three times, and delivered about 3g of marijuana to others; (b) the Defendant’s act of having significant criminal character in light of the volume of philophones and marijuana handled by the Defendant; (c) the Defendant has been punished for the same kind of crime; (d) the Defendant committed a second offense during the period of the repeated offense; (d) the act of selling and delivering philophones, etc. to others, which have significant harm to society, has great harm to the society; and (e) the act of selling and delivering phiphonephones, etc. to others, which cause a crime related to

However, considering the motive and background of the instant crime, the circumstances after the instant crime, the defendant's age, sexual conduct, environment, health, etc., as well as various other circumstances, such as the following: (a) actively cooperates with the instant narcotics investigation by the defendant, such as the defendant's confession of the instant crime; (b) the defendant's wife wanting to find out the defendant's wife; (c) the crime of violation of the Act on the Control of Narcotics, Etc., which became final and conclusive; and (d) the relationship between the two concurrent crimes after Article 37 of the Criminal Act and the crime of single concurrent crimes, it is necessary to consider the equity in the case where the judgment was rendered at the same time; and (d) the punishment imposed by the court below is somewhat unreasonable.

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 evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1.