The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A unit of seized philopphones (No. 6).

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of 10 months, 60, 600 won and 60,000 won and 11) is too unreasonable.

2. The judgment of the Defendant is inevitable to sentence the Defendant, considering the fact that the Defendant had been punished for a crime of the same kind as this case reached three times of suspension of execution and sentence, and that the amount of barphones purchased or administered in this case is considerable, etc.

However, in full view of the circumstances that the defendant reflects his own crime, contributed to the arrest of a narcotic offender by actively cooperating with the investigation agency in the crackdown on other narcotics crimes, and all other circumstances that are conditions for the sentencing as shown in the records and arguments such as the character, conduct, environment, etc. of the defendant, the sentence imposed by the court below is somewhat unreasonable, and thus the defendant's assertion is reasonable.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of 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. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the amount additionally collected = 60,000 won = KRW 60,000,000 not seized among two grams of philophones purchased at approximately 300,00 won);