The judgment below

We reverse the part concerning collection among the penalty surcharges.

4,321,00 won shall be additionally collected from the defendant.

The judgment of the court below.

1. The reasoning of the appeal is that the sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, observation of protection and community service hours) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below prior to the judgment on the grounds for appeal by the defendant's ex officio, the court below collected the amount of money in spite that the part of the philophone administered under Articles 4 and 5 of the facts constituting the crime in the judgment of the court below is not a separate collection from the purchased part, and that the part of the philophone purchased is not a additional collection. Thus, the court below erred in the misapprehension of the facts as to the calculation of the amount of money collected and affected the conclusion of the judgment, and the part of the judgment of the court below concerning the collection cannot be maintained any further.

B. In full view of all the sentencing conditions, such as the Defendant’s age, sexual conduct, motive, frequency of crime, frequency of crime, method of crime, circumstances after crime, etc., the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s confession of the reasons for appeal; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the fact that the intention is shown; (d) the number of printed phones purchased and possessed is very large; (e) the number of times of medication; and (e) the response to the training of phiphonephones as a result of the assessment of the assessment of the uri

3. In conclusion, the part concerning additional collection among the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and the part concerning additional collection among the judgment of the court below regarding additional collection is additionally collected KRW 4,321,00 [30,000 [30,000 [14,221,000 won (total purchased 15g - 15g - seized 0.93g)] under the proviso of Article 67 of the Narcotics Control Act] under the proviso of Article 67 of the Act on the Control of Narcotics, etc. as stated in the judgment of the court below. Since the appeal by the defendant against the remaining part of the judgment of the court below is without merit, it shall be collected under Article 364(4) of the Criminal Procedure Act.