The judgment of the court below is reversed.

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

The seizure of articles 2 through 5 shall be confiscated.

1. The sentencing of the lower court (two years of imprisonment, confiscation, and collection) is too unlimited and unfair.

2. The judgment of the court below committed the crime of selling, administering, and possessing narcotics again during the period of repeated crime even though the defendant had already been punished several times prior to the crime of this case, and the amount of philophonephones sold by the defendant reaches 1.36 g, etc., which are disadvantageous to the defendant, but the defendant recognized all the crime of this case, and expressed his strong intent and will against the defendant, and is likely to cooperate with the investigation while actively making a statement about the upper line to the investigation agency. In addition, in light of the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentencing of the court below against the defendant is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided 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 the same as the stated in each corresponding column of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor

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 main sentence of Article 67 of the Act on the Control of Narcotics;

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

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