The judgment of the court below is reversed.

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

50,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment and 500,000 won for additional collection) is too unreasonable.

Judgment

Considering the fact that the defendant went to sell a philop, not a simple administration of philopon, but the defendant reflects the defendant, that the defendant was not punished for the same crime for about 13 years since he was sentenced to the previous punishment in 2000, and that the defendant actively cooperates in arresting the person who committed narcotics at the investigative agency and submitted a public document confirming that the defendant actively cooperates in arresting the person who committed narcotics at the investigative agency, the sentence of the court below is somewhat heavy.

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.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;