The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

1. The sentencing of the lower court (one year and six months of imprisonment, and additional collection) is deemed to be too unreasonable.

2. In light of the fact that the defendant had been punished several times for the same type of crime, and in particular, since the execution of imprisonment for the same kind of crime has not been completed and the period of release has not yet passed, it is necessary to strictly punish the defendant. However, considering the motive and circumstance of the crime in this case, the circumstances after the crime in this case, the defendant's age, character and conduct, and environment, as well as various other circumstances that form the conditions for the sentencing specified in the records and arguments in this case, the sentencing of the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided 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, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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;