The judgment of the court below is reversed.

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

4,400,000 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal asserts that the sentencing of the court below (one hundred months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant made a confession of all the facts charged in the instant case, the fact that the defendant voluntarily surrenders to the investigative agency, and the fact that the defendant raises young children.

However, the defendant sells or delivers philophones only three times but also several times. This is a serious criminal that has caused serious harm to our society's physical and mental health, strong addiction of philophones and the risk of recidivism, and considering the possibility of recidivism, there is a need to have a time of self-esteem by being isolated from society for a period to the extent that their addiction is considerably mitigated, the amount of philophones traded by the defendant was reasonable, and the defendant was sentenced to imprisonment with prison labor for one year in December 13, 201, imprisonment with prison labor for one year in September 18, 2008, with prison labor for two years in suspension of execution and three years in September 18, 2008, and all other records and arguments of this case are disadvantageously punished to the defendant, and the prosecutor's assertion that the defendant's argument that the defendant was too unfair is justified, even if considering the above circumstances of the defendant's favorable to the defendant.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

( long as an appeal by a prosecutor is reversed on the grounds of its reasoning, no separate appeal by the defendant shall be dismissed). The summary of facts constituting an offense and evidence is recognized by the court as to this case.