The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

90,000 won shall be collected from the defendant.

1. The main point of the grounds for appeal is that the original court’s punishment (a year of imprisonment and a surcharge of KRW 900,000) is too unreasonable.

2. The judgment of narcotics crime causes the degradation of individuals, homes, society, and human society as a whole, and thus requires strict punishment in that it is a phenomenon of social pathology beyond individual criminal acts. The crime of this case is a factor unfavorable to sentencing, such as that the Defendant purchased a considerable amount of phiphone and sold part of it, and that the nature of the crime is bad.

However, considering various sentencing conditions such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., including the fact that the Defendant did not have been identical to that of the Defendant, recognition of and reflects on the crime of this case, and the fact that the investigation official document against the person who sold phiphones was submitted to the Defendant at the time of the trial, etc., the sentence of the lower court is too unreasonable.

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

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, 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) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;