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 sentence (ten months of imprisonment and two years of suspended execution) declared by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court of first instance on the Defendant’s assertion of unfair sentencing, and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial, and the lower court did not have any particular change in sentencing conditions, and even considering the factors revealed during the pleadings in the instant case including various circumstances considered in sentencing, the lower court’s sentencing on the principal sentence is too

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The court below found the defendant guilty of the facts constituting the crime in the judgment of the court below as to the collection of additional charges, and determined that the above amount should be collected from the defendant, considering the value of a penphone administered by the defendant as 10,000 won.

On April 2019, the Supreme Prosecutor's Office's anti-defliable narcotics, and the table of price of narcotics, etc., on which the national average price of 0.03g of 0.03g of opon per opon was stated as KRW 100,000 (Evidence No. 99 or 102 of the record). However, according to the Defendant's criminal facts against the Defendant, the Defendant administered a opon of 0.015g of 0.03g of opon per opon, which is a half of 0.03g of 0.03g of opon, it is reasonable to determine the amount to be collected from the Defendant in this case as KRW 50,00 (=10,000 national average price per 0.03g of opon x (0.0

Therefore, the court below erred by misapprehending the legal principles on additional collection under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., thereby ordering additional collection exceeding the reasonable amount.

4. Conclusion.