The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be confiscated. Nos. 1, 2, 3, 6 and 7.

1. Determination of the gist of the grounds for appeal (unfair punishment) and the amount of punishment (three years of suspension of execution, probation, order to attend a course, and collection of penalty for one year of imprisonment) is unhued and unreasonable;

2. The sentence sentenced by the court below is within the recommended range (0 to 3 years of imprisonment) according to the attached sentencing guidelines.

However, it is considered as a favorable sentencing factor in terms of the defendant's reflectivity and the absence of the same criminal power.

However, if the amount of philophones (50g or more) possessed by the defendant is distributed very much, there is a very high risk of harm and injury.

The circumstances after the crime are also bad after being prosecuted that the additional crime (Jinsan District Court 2020 Manda3627) has been committed after being released as the original sentence.

It is not possible to ask for the corresponding criminal liability.

The amount of punishment in the original judgment is recognized as unreasonable because it goes beyond the reasonable scope of discretion.

3. The appeal by the prosecutor of conclusion is with merit.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;