The judgment of the court below is reversed.

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

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

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before two years have passed since the completion of the sentence due to the crime of narcotics, the Defendant committed the instant crime and constitutes a repeated crime of the same kind, and the Defendant’s record of punishment due to drinking driving, driving without a license reaches several times, etc. are disadvantageous circumstances.

However, in light of the fact that the Defendant recognized his criminal act and is in profoundly against the Defendant’s depth, the sentence imposed by the lower court is unreasonable in light of the following factors: (a) the Defendant was in a single medication; (b) the Defendant was showing strong intent to keep the wife and health of a de facto marriage; and (c) the wife and the mother are leading the Defendant; and (d) other various sentencing conditions specified in the records and arguments in the instant case, including the Defendant’s age, occupation, and environment.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 152 subparagraph 1, and Article 43 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, Articles 60 (1) 3, 2 subparagraph 3 (b) of the Act on the Road Traffic, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, and the selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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