1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3. 100,000 won shall be collected from the defendant.

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the additional collection of 100,000 won) is too unreasonable.

2. The crime of this case is deemed to have been administered once by the Defendant even though the Defendant is not a narcotics handler, and the nature of the crime is not good. The Defendant had the record of having been punished several times, including imprisonment for the same kind of crime, and the Defendant committed the crime of this case during the period of repeated crime.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

However, there are favorable circumstances such as the confession of the Defendant to commit the instant crime and the fact that the Defendant shows his intention to commit the instant crime in depth, the fact that the Defendant voluntarily surrendered to the investigation agency after committing the instant crime, and the Defendant actively cooperates in the investigation of the narcotics crime by informing the investigation agency of the offender who administered and possessed the instant crime.

In full view of the above circumstances, as well as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court to the Defendant is deemed unfair due to the lack of punishment.

Therefore, the defendant's argument of sentencing is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited 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 Selection and Management of Narcotics, Etc. for Criminal Facts (or selection of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Collection of narcotics;