The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than one year and four months.

Summary of Grounds for Appeal

The punishment of the lower court (one year and eight months of imprisonment, additional collection of KRW 656,00) is unreasonable.

Judgment

The Defendant: (a) drawn up a line after having no drug record; (b) purchased a phiphone; and (c) the Defendant committed each of the crimes of this case during the period of repeated crime due to the same criminal record, it is inevitable to punish him.

However, considering various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is somewhat excessive, when considering the following circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., which are conditions for sentencing in the instant case.

In conclusion, the defendant's appeal is reasonable, 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.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparag. 10 (b) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparag. 10 (b) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, etc., and Selection of imprisonment

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.