The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be confiscated.

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. The judgment of the defendant committed another crime of this case despite the fact that he/she had been punished five times for the same crime, and the fact that the amount of philophone purchased by the defendant is considerable is disadvantageous to the defendant.

However, in full view of all the sentencing conditions, including the fact that the defendant led to the crime of this case, and actively cooperates in the investigation to arrest other narcotics offenders, as well as the sentencing conditions of the accomplice who purchased phiphones together with the defendant, the age, character and conduct, environment, motive and circumstance of the crime, etc., the sentence of the court below is somewhat 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.

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. Relevant legal provisions concerning the facts constituting the crime and the point of purchasing phiphones upon the option of punishment: Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Narcotics Control Act, and Article 30 of the Criminal Act: The point of administering phiphones: Articles 60 (1) 2 and 4 (1), and subparagraph 3 (b) of Article 2 of the Narcotics Control Act;

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;