The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

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

Judgment

In light of the circumstances that the Defendant was sentenced to criminal punishment more than 10 times for a crime related to narcotics, in particular, from the time when the enforcement of the sentence of imprisonment for 1 year and 2 months for the same crime is completed, the Defendant committed the crime of this case at the same time for more than 4 months. However, the Defendant is hard to keep the Defendant out of the confession and reflect of the crime of this case. Meanwhile, the crime of this case is only one-time medication, the Defendant voluntarily surrenders to the investigative agency; the Defendant voluntarily surrenders to the crime of this case; the Defendant’s his wife wanted to take the initiative, and other various circumstances, including the motive and circumstance of the crime of this case; the circumstances after the crime of this case; the Defendant’s age, character and conduct, the Defendant’s character and environment, etc., and the sentencing conditions specified in the records and arguments of this case are considered to be inappropriate.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged 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 Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;