The judgment of the court below is reversed.

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

2.50,000 won shall be additionally collected from the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment and additional collection KRW 2.350,000) is too unreasonable.

2. The judgment of the defendant has five times criminal records sentenced to five times as a crime of violation of the Act on the Control of Narcotics, etc. and fine for embezzlement, and the fact that the defendant commits the same kind of crime in the period of repeated crime due to the violation of the Act on the Control of Narcotics, etc. (fence) and that the victim of embezzlement has not been

However, in view of the fact that the Defendant, before the instant crime was committed, from the end of December 2012 to the end of January 2013, 2013, showed a summary intention, such as receiving treatment for drug addiction at the hospital, etc., the victim of the crime of embezzlement was returned, and the Defendant’s public document with the content that the Defendant cooperation in the investigation of drug criminals was submitted to the trial, the lower court’s punishment is somewhat heavy.

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.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 355 (1) of the Criminal Act (the point of sale, receipt, or medication of each psychotropic drug), Article 355 (1) of the Act on the Management of Narcotics, etc. through which the relevant Article of the Criminal Act and Articles 60 (1) 2, 4

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

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 proviso to Article 67 of the Narcotics Control Act;