The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Summary of Grounds for Appeal

The sentencing of the lower court (one year and two months of imprisonment, and additional collection) is too unreasonable.

Judgment

In light of the circumstances unfavorable to the defendant, or the defendant committed the crime of this case when he was sentenced for 17 times prior to the crime of this case, including the record that the defendant had already been punished for the same kind of crime more than nine times, and in particular, during the period of repeated crime, he was sentenced for 1 year and 2 months, and again committed the crime of this case during the period of repeated crime, it is against the defendant's depth while he led all of the crime of this case. The crime of this case is merely a single penphone, and the defendant's wife is merely a simple medication, and the defendant's wife is able to lead the defendant while wanting to be her wife, it is determined that the court below's sentencing is inappropriate by taking into account the following factors: the equity of sentencing with the similar case of this case, the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Articles 4 (1) and 2 (3) (b) of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor, concerning facts constituting an offense;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;