The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

2,505,500 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, additional collection) is too unreasonable.

2. The judgment of this case is that the defendant purchases, administers, receives phiphonephones, and narcotics crimes need to be punished strictly in light of the social malicious circumstances. In particular, crimes related to the distribution of narcotics, such as acceptance, etc., among the crimes in this case, cause the spread of narcotics addicts, and thus, the more serious liability for such crimes is the circumstances unfavorable to the defendant.

However, the Defendant recognized the instant crime, and appears to have purchased phiphonephones from D and F for simple medication, the Defendant actively cooperates in arresting F, a drug merchant, and the Defendant’s wife and three daughters to support the Defendant, and the Defendant’s family members will help the Defendant’s mother.

C. The Defendant had a criminal record of the same kind once, but the Defendant purchased approximately KRW 0.1g of 0 on July 201, which was about five years prior to the instant crime, from the instant crime, and was punished for a suspended sentence of two years in August, 201, and upon full consideration of the Defendant’s age, sex, environment, motive and circumstance of the instant crime, circumstances after the crime, etc., and the sentencing reasons as shown in the instant records and arguments, the lower court’s punishment is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, and 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 again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 60(1)2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same) on criminal facts under the relevant provision of the Act.