The judgment below

We reverse the part concerning collection among the penalty surcharges.

90,000 won shall be additionally collected from the defendant.

The above additional collection charge.

1. The decision of the court below against the defendant in summary of the grounds for appeal (the imprisonment of one year and six months, the punishment of 4,5, 15 to 17, the confiscation of 2,003,00 won, and the surcharge of 2,000) is too unreasonable.

In particular, the above surcharge seems to have an error in the calculation of the amount.

2. Determination

A. The crime of this case, except for additional collection, is a sale to C of the sum of 1.25 gopphones in total at KRW 7.90,000,000, in total, on five occasions, and administered penphones over two occasions, and possesses approximately 25.24g, in total, on two occasions.

The Defendant had been a number of previous criminal records, and among them, five times the number of criminal records sentenced to imprisonment with prison labor for a crime related to narcotics is also five, and on September 29, 2016, the Cheongju District Court was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and committed the instant crime during the period of repeated crime due to a previous criminal record on October 17, 2017.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The defendant was able to arrest the above person and seize the penphones and marijuana from 200g to 200g in total as a result of informing him of the personal information and residence of the person who provided the penphone to himself.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the punishment of the court below is determined to be appropriate except for the part concerning additional collection.

B. The Defendant sold phiphonephones to C and acquired a total of KRW 7.90,00.

The Defendant administered 0.1g philophones in total on two occasions, and the sum of which is 20,000 won.

The above philopon should be confiscated from the defendant in accordance with the main sentence of Article 67 of the Narcotics Control Act, but it is possible to confiscate it because it has already been consumed.