The judgment of the court below is reversed.

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

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

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenses; Defendant has been subject to criminal punishment (one-time imprisonment) for the same kind of crime on October 16, 2014; and in particular, even if Defendant was sentenced to one year of imprisonment for the same kind of crime on October 16, 2014 and had committed the instant crime during the repeated period, he/she committed the instant crime; however, in addition, the Defendant committed the instant crime after he/she had been sentenced to one year of imprisonment for the same crime on October 16, 2014. However, in light of the favorable circumstances such as the confession of the instant crime at the time of the trial, the Defendant is against the mistake, the equity in sentencing with the instant similar case at the time of simple medication, and other conditions of punishment as shown in the records and changes in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, it is unreasonable to impose the sentence.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The sentencing conditions set forth in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be taken into consideration prior to the reasons for sentencing.