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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
30,000 won shall be additionally collected from the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable as the punishment (two months of imprisonment, additional collection 300,000 won) imposed by the defendant is too unreasonable.
2. The judgment of the court below has the record of being punished 11 times for the same crime (10 times of imprisonment and one fine). The defendant committed the crime of this case during the period of repeated crime for which one year has not passed since he/she was sentenced to imprisonment for the same crime (1 year of imprisonment). The court below's punishment is a recommendation [basic crime: Type 2 (b) from among the sale and purchase brokerage, etc. of the group of narcotics crimes, concurrent crimes: Type 3 (b) such as medication, simple possession, etc. of the group of narcotics crimes - the mitigated factors - the number of persons to be mitigated - the previous crimes (not less than 3 years of suspended sentence), the number of persons to be sentenced to punishment, the cooperation in investigation, and the promotion type of basic crimes, the age limit of one year and six months from the recommendation type of concurrent crimes, six months from the date of imprisonment for the same crime, August 2 to 3 (19) from among the majority offenders, and the defendant's assertion that the defendant had been sentenced to the punishment of this case, clearly divided into the circumstances of this case.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Criminal facts;