The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

3.2

1. The sentence imposed by the lower court (one hundred months of imprisonment and one hundred thousand won of collection) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant administered approximately 0.03g of phiphonephones on one occasion, and the case is not less than that against the law. Narcotics-related crimes are serious criminal with a significant risk of social harm and recidivism, the defendant has been punished several times due to the violation of the Psychotropic Drugs Control Act, the violation of the Psychotropic Drugs Control Act, the violation of the Psychotropic Drugs Control Act, and the violation of the Psychotropic Drugs Control Act (five times of imprisonment and one fine).

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant is in a position to support the children who are suffering from the disease by means of aging and wife, and the fact that the defendant has not administered narcotics before the crime of this case since 2007, etc., the circumstances and circumstances that are favorable to the defendant, such as the character, behavior and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime of this case, etc., the punishment imposed by the court below is somewhat unreasonable, and therefore, the above argument of the defendant is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

2. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to additional collection (one time medication 100,000 x one time);

3. Article 334 (1) of the Criminal Procedure Act.