The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The sentencing (two months of imprisonment, additional collection) of the lower court is too unreasonable.

Judgment

In addition, even though the defendant had been subject to criminal punishment on 11 occasions, including the past records of punishment six times for the same crime, the fact that the defendant committed the crime of this case is disadvantageous to the defendant, or that the defendant is hard to take a part in the confession and depth of all the crimes of this case. The crime of this case is limited to a simple medication once a philopon, and a criminal investigation report has been submitted to the effect that the defendant actively cooperates with the arrest of the person who sells narcotics who handled a philopon in an amount of about 100g of his upper line and the arrest and seizure of the philopon after the arrest of the defendant, and that the defendant's health is not good, such as the forest cut of the flopon type of the flopon type, and the health of the defendant is not good, and the defendant's family members and other persons, such as the defendant's family members, and the motive and circumstances of the crime of this case, the defendant's age after the crime of this case, the records and circumstances of this case, etc.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and 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, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;