The judgment of the court below is reversed.

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

870,000 won shall be additionally collected from the defendant.

3.2

1. The sentence imposed by the court below (one year of imprisonment, additional collection of 870,00 won) is too unreasonable.

2. The judgment is an unfavorable circumstance against the Defendant, such as the fact that the Defendant purchased or administered a penphone over several occasions, that the Defendant escaped in the course of the investigation into the instant case, and that the Defendant’s hair was found to have detected a penphone, and that the degree of addiction is not less easily.

On the other hand, all of the crimes of this case are recognized by the defendant, and their mistakes are divided in depth, there is no record of being punished for the same kind of crime or of being punished heavier than the fine, and the crime of purchasing each penphone of this case seems to be for simple medication, etc. are favorable to the defendant.

In addition, if all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, are taken into consideration, the sentence sentenced by the court below is too unreasonable.

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.

【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below. 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, respectively;

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. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered by taking into account the grounds for reversal.