The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The seized No. 1 (Wilopon 2.76g).

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (three years of imprisonment, confiscation, and collection) is too unreasonable.

2. The judgment-related crimes of narcotics are serious crimes that injure the social and national soundness due to their toxicity, and there is a great need to punish them; the defendant repeated them during the period of repeated crimes of the same kind; and the amount of narcotics traded by the defendant is considerable is the circumstances unfavorable to the defendant.

However, the sentence of the court below is somewhat unreasonable in light of all the sentencing conditions including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, as well as efforts to cooperate in the investigation agency's narcotics crime investigation.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore 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) (i) of Article 2 of the Act on the Control of Narcotics, Etc. (the trade of psychotropic drugs on August 17, 2012; the possession of psychotropic drugs; the receipt of psychotropic drugs on July 29, 2012); Article 60(1)3, and Article 4(1)4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) (the receipt of psychotropic drugs on June 24, 2010; the first order on April 24, 2012; the first order on the sale of psychotropic drugs; the receipt of psychotropic drugs on July 29, 2012; the same shall apply hereinafter); and each of the subparagraphs of Article 60(1)3 and 4(1)4(b) of the former Act on the Control of Narcotics, Etc.

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;