The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 5 million, confiscation of seized articles, additional collection of KRW 500,000) is too uneased and unreasonable.

2. However, there are extenuating circumstances such as the fact that the Defendant recognized the instant crime and divided his mistake, that the Defendant did not have any history of punishment as a narcotics crime until before the instant crime was committed, and that the Defendant contributed to the investigation of the narcotics crime.

However, the crime of this case is highly likely to be punished by committing the crime of this case without being aware of the fact that the defendant purchased and sold phiphonephones and administered it, and the crime of this case has already been punished for several crimes, and the defendant was committed in the support of the Daejeon District Court on January 22, 2008 by imprisonment for seven years due to a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc.) in the Support of the Daejeon District Court on November 25, 2014 and without being aware of the fact that the execution of the sentence was completed on November 25, 2014. In particular, the defendant was detained due to this case, and was detained, and the defendant submitted a counter-facing statement to the effect that he would take care of "after receiving counseling and treatment", and even after being released with being sentenced to a fine by the court below, it is also good that the crime of this case was committed after again.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s sentence is deemed to be too uneasible and unfair.

3. According to the conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.