The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Notwithstanding Article 14(2) of the Medical Care, Custody, etc. Act, the court below’s scope of judgment is excluded from the scope of judgment of this court (see Supreme Court Decision 82Do2823, 82, 611, Jan. 18, 1983). The judgment of the court below’s sentencing (one year of imprisonment, additional collection of KRW 300,00) of the grounds for appeal is too unreasonable.

Judgment

The crime of this case is a case where the defendant administered philophones three times.

Crimes related to narcotics, such as this case, are highly likely to cause serious harm to the whole society as well as the relevant individuals due to their toxicity.

The defendant committed the crimes of this case even though he had the record of being sentenced two times to imprisonment with prison labor for the same crime.

In addition, while being sentenced to a suspended sentence for crimes of this kind and being subject to the surveillance of protection, the person known at the time of medication of phiphones was concealed from the person who was aware of the phiphones. In consideration of the circumstances unfavorable to the defendant, the defendant should be subject to strict criminal liability.

However, despite the above unfavorable circumstances against the defendant, the defendant recognized each of the crimes of this case as well as seriously reflects the defendant's wrongness, the defendant's active disclosure of his intention to treat drug addiction treatment, and the defendant's wife and two children who should support the defendant, and the defendant's wife wanted to have a preference against the defendant, and the last record of the crime of the same kind of crime of this case was 15 years prior to the date of the crime of this case.