The judgment of the court below is reversed.

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

4,700,000 won shall be collected from the defendant.

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment, additional collection) is too unreasonable.

2. The judgment of the Defendant has been already punished three times for the same crime (one time of suspension of execution of punishment, one time of penalty, and one fine). On January 27, 2010, the Defendant committed part of the instant crime again after the completion of the execution of punishment on the same kind of crime.

However, when considering the following facts: (a) the Defendant was aware of and against all mistakes in the trial; (b) the Defendant informed the narcotics offender who was sold in the course of the investigation to facilitate arrest of other narcotics criminals; and (c) the Defendant again cooperates in the investigation; (d) the Defendant is making the Defendant not to commit a narcotics crime again; and (e) various sentencing conditions provided for in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) administration, simple possession, etc. [the scope of recommending punishment] types 4 basic areas (1 to 3 years), including administration, simple possession, etc. (1 to 4 years) [special mitigation (1 to 1)] basic areas (1 year and 4 years), the Defendant’s punishment imposed by the lower court is somewhat unreasonable because the Defendant’s punishment imposed by the latter is somewhat nonexistent. Therefore, the Defendant’s assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

1. Article 35, Article 2014, proviso proviso 1189 of the Criminal Act among repeated offenders.