The judgment of the court below is reversed.

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

The seizure of articles 3 through 15, respectively.

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (one year and six months of imprisonment, confiscation, and collection KRW 400,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

Judgment

A drug crime is a serious crime that has a great risk of social harm and recidivism, and there is a strong need to punish it, and the fact that the amount of philophones possessed by the defendant is very large is considered to be disadvantageous to the sentencing.

However, considering various sentencing conditions such as the Defendant’s age, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, in light of the following factors: (a) the Defendant is fully recognized as committing the crime; (b) the details of the crime are limited to the mere administration and possession of phiphonephones; (c) there is no criminal conviction heavier than the same criminal record or fine; and (d) cooperation in the investigation of narcotics crimes.

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 the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) (the possession of a phiphone), and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;