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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
80,000 won shall be additionally collected from the defendant.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment and an additional collection of 800,000 won) is too unreasonable.
2. The judgment is based on the following facts: (a) although the Defendant had already been punished by imprisonment two times due to the same crime as the instant crime, the number of penphones sold to D does not have a large amount; and (b) the period of selling penphones cannot be deemed to be shorter; (c) the Defendant is aware of the error and reflects in mind; (d) the Defendant is in a de facto marital relationship, which is scheduled to undergo an additional surgery, and the wife and children should support the wife and children who are in a de facto marital relationship, under which he is expected to undergo an additional surgery; (e) the Defendant started the instant penphone sales crime after receiving a request from D for seeking penphones first, and the Defendant appears to have been punished by imprisonment for the same kind of crime as the instant crime, and there seems to be some other circumstances to consider the motive and circumstance leading up to the instant crime; and (e) the Defendant’s punishment of each of the instant crimes by the same type of crime or imprisonment with prison labor after that time, and (e) the Defendant’s age and circumstances before and after the instant punishment exceeded of the Defendant’s occupation and circumstances.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 1 of the Act on Criminal Matters and the selective management of narcotics;