The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 won shall be additionally collected from the defendant.

1. Determination of the summary of the grounds for appeal (two years of imprisonment) shall be inappropriate;

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing criteria (one year to five years of imprisonment).

However, the defendant is not healthy for the elderly.

C, which requested the purchase of the defendant, was sentenced to one year and four months of imprisonment (Seoul District Court Branch of the Busan District Court 2019 order 582).

Considering such circumstances, the determination of the original sentence is somewhat unreasonable.

3. The appeal by the defendant is justified.

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) of Article 2 of the Act on the Management of Narcotics, etc., concerning facts constituting an offense, as well as the choice of punishment;

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

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