The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

6. Disposable dys, seized.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and eight months, etc.) is too unreasonable.

B. The court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts, in light of the M's statement and the statement of the telephone conversations between M and the defendant, etc. concerning the issuance of a penphone to M.

(2) The sentence imposed by the lower court on the Defendant is too unjustifiable.

2. Determination

A. According to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the records show that the defendant was sentenced to imprisonment with prison labor of one year and six months for the violation of the Act on the Control of Narcotics, Etc. at the Jeonju District Court on January 23, 2008, and the execution of the sentence was completed on February 8, 2009. The court below determined the punishment for the crime of popon medication on December 9, 201, which was low within three years from the date the execution of the sentence was completed. As such, since the court below determined the punishment for the punishment for a repeated crime on December 9, 201, which was committed on December 9, 201 without being emphasized as provided in Article 35 of the Criminal Act, it cannot be maintained as

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction.

B. Determination of the Prosecutor’s assertion of mistake of facts (1) The summary of this part of the facts charged is not a person handling narcotics.

(A) On September 201, the Defendant issued approximately 0.05 g of the Melopon, which is a psychotropic drug enclosed in a paper, to M, at the front of the domicile of M in Busan-gu L, Busan-gu, and then delivered to M, approximately 0.05 g of the Melopon (hereinafter “Melopon”).

(B) In November 201, 201, the Defendant: (a) in a playground near the said M’s residence, she sponsed M in the paper.