The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

4,200,000 won shall be collected from the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment and 4.2 million won for additional collection) is too unreasonable.

Judgment

It is necessary to strictly punish the defendant as a serious crime that causes harm to society and national soundness due to the toxicity of narcotics, which is subject to suspended execution in 2004 and 2007.

However, the court below's punishment is somewhat inappropriate in light of all the conditions of sentencing, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., as well as the fact that the defendant's mistake is being divided in order to stop narcotics, and that the defendant's cooperation in arresting narcotics was submitted in the trial.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, 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 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Articles 60 (1) 2 and 60 (1) and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., the choice of imprisonment for each crime

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;