The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

13,347,50 won from the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of two years and six months and the collection of penalty) is unreasonable.

2. The judgment-related crimes involving narcotics are not easy to detect in light of their characteristics, and the risk of recidivism is high, and severe punishment is required because they have a negative impact on society as a whole due to addiction and disacilability.

However, even though the Defendant had been sentenced to punishment for the crime of narcotics seven times, contact with other narcotics-related offenders who have come to know during the process of being released, and the transfer of narcotics handled by committing the crime of this case is highly likely to be subject to criticism.

In particular, the Defendant released from prison after committing the crime of narcotics, and re-instigating the crime during the period of repeated crime, and released from prison after the termination of the term of punishment, and again committed the crime of this case during the period of repeated crime, and did not deviate from the list of narcotics.

However, in the case of the crime of injury, the court below's punishment may be mitigated in light of this point.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b)(i) of the Act on the Control of Narcotics, Etc., for criminal facts, and Article 60(1)3, Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., and Article 257(1) of the Criminal Act (the point of injury) of the Criminal Act, Article 35 of the Criminal Act (the former part of Article 37 of the Criminal Act), Article 38(1)2, and Article 50 of the Act on the Control of Narcotics, etc., for which the punishment is aggravated for concurrent crimes under Article 35 of the Criminal Act.