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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
from the defendant.
Reasons
1. The sentence imposed by the lower court (a punishment of three years of imprisonment, additional collection of KRW 600,000) is too unreasonable.
2. In light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. In this case, the fact that the defendant provided phiphones once, provided phiphones once, held once, and the nature of the crime is not good; the defendant provided phiphones is more likely to be subject to criticism by spreading phiphones to the surrounding people; the defendant has been punished several times for the same kind of crime (ten times of imprisonment). In particular, on January 30, 2015, the defendant was sentenced to imprisonment of two years and six months for the same crime at the Daegu District Court on July 11, 2016 and was sentenced to imprisonment of two years and six months for the same crime.
Considering the favorable circumstances such as the confession of each of the crimes in this case and the fact that the defendant reflects the mistake, the quantity of the penphone handled by the defendant is not large, the defendant appears to have actively cooperated in the investigation into other narcotics cases, the defendant's health status is not good, and the defendant's family and branch are not good, the fairness in sentencing and the fairness in sentencing with the same similar case, the scope of the recommended punishment according to the Supreme Court sentencing guidelines for each of the crimes in this case, and other factors of sentencing indicated in the records and theories of changes, such as the defendant's age, sexual behavior, environment, motive, means and consequence of each of the crimes in this case, the circumstances after the crime, etc., it is deemed unfair to have taken into account the sentence imposed by the court below.
3. As a result, the appeal by the defendant 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 after pleading.
Criminal facts
b) the evidence;