The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment and additional collection) is too unreasonable; and

2. The judgment of the defendant does not know even though he had been punished for the same kind of crime, and again commits the crime of this case, and the quality of the crime is poor.

However, the court below's punishment is somewhat unreasonable in consideration of all the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including equity with the sentence for the person who provided the Defendant with the phonephone as an informant of the facts charged of this case, such as the fact that the Defendant confessions, and his family members and those of the Defendant are seeking the Defendant's wife while leading the Defendant, and that the Defendant appears to have been detained for about eight months, and that the time of reflect was anticipated to have been given.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)2 and 4(1), and 2 Subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the point of sale and delivery of phiphonephones around April 201); and the choice of imprisonment for each sentence.

1. From among concurrent crimes, the violation of the Act on the Control of Narcotics, etc. (the punishment prescribed for the native crime) due to the fact of delivering phiphones around April 2012, Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes.