The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

3,600,000 won shall be additionally collected from the defendant.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment and additional collection) is too unreasonable;

2. The judgment is recognized that the defendant had a record of having been sentenced several times for the same crime, committed each of the crimes of this case during the same repeated crime period, and in particular, committed the crime of purchasing the instant phiphone again at ten days after the execution of imprisonment was completed, and that the amount of phiphones purchased or possessed by the defendant is considerable.

However, in full view of the following facts: (a) the Defendant committed each of the instant offenses; (b) the Defendant’s health conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant offenses; and (c) the sentence imposed by the lower court is somewhat unreasonable and unreasonable; and (d) the Defendant’s assertion of unfair sentencing is reasonable, given that the Defendant’s sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and 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) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. Selected for Crimes and Selection of Imprisonment with labor);

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 proviso to Article 67 of the Narcotics Control Act;