The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The District Prosecutors' Office of Grade 4, 5, which has been seized.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Although there are circumstances unfavorable to the defendant, such as the fact that the defendant is a criminal during the period of repeated crime, the amount of narcotics handled by the defendant is not a large number of times, the number of times is also high, the defendant shows an attitude to recognize and reflect his/her wrongness, and again, he/she strongly cooperates with the investigation, and there is no record of punishment in relation to philophones, etc., taking into account the circumstances favorable to the defendant, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, it is recognized that the sentence of the court below is somewhat inappropriate.

The defendant's assertion of unfair sentencing is justified.

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 it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 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. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors as set forth in the order shall be comprehensively considered.