The judgment of the court below is reversed.

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

4,190,000 won shall be collected from the defendant.

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of KRW 4,190,00) is too unreasonable.

2. The crime of this case is deemed to have traded philophones over several occasions, and the act of medication, sale, etc. of narcotics is not only to avoid the body and mind of an individual due to their cryptism, toxicity, radio wave, etc., but also to avoid the body and mind of the individual due to the high risk of impairing the social safety and causing the relevant crime, and is highly likely to cause a high risk of causing social harm, and thus, the punishment of

Furthermore, considering that the defendant's trading of philophones is not simply a dose of philophones, it is necessary to strictly punish the defendant considering that it is a crime that is highly likely to repeat a crime.

However, the Defendant seems to have recognized all of the crimes of this case and against his mistake.

In addition, there are no criminal records so far and there are no records of punishment heavier than suspended sentence.

Furthermore, rather than seeking illegal benefits professionally by the defendant, there are aspects that lead to the crime of this case at the request of the person who wants to seek illegal benefits, the fact that two drug offenders are informed to investigation agencies and contributed to the arrest of them, and other various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, circumstances after the crime, etc., and the recommended type of narcotics crimes such as this case, as set forth in the sentencing guidelines.

Items c) and c.

In full view of the mitigation area (from August to June), the sentence imposed by the lower court seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Discretionary Judgment】 Summary of Criminal facts and Evidence