The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

524,00 won shall be additionally collected from the defendant.

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

Therefore, in light of the fact that the defendant was sentenced to one year of imprisonment due to the violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on November 6, 2002, and the defendant committed each of the crimes of this case without properly pening his mistake despite the fact that he had been sentenced twice or punished for the same kind of crime in spite of the fact that he committed each of the crimes of this case, and that the number of times when he administered phiphones or smoked marijuana is very high, it is reasonable to punish the defendant strictly.

However, it appears that the defendant was punished for the same kind of crime as above, and the defendant appears to have lived with narcotics for about 10 years until the crime of this case was committed, the number of times in which phiphones were administered or smoked marijuana was sold, but does not reach the propagation of narcotics, etc., such as philophones, etc. The defendant recognized all of the crimes of this case, and thus his mistake is divided in depth, again, the defendant's wife seems not to commit such crime again, and the defendant's wife shows an active intent to aid the defendant's doctorial, and the defendant's wife is also in an economically difficult situation, as well as the defendant's wife and children need support, and considering all the factors of sentencing as shown in the arguments and records of this case such as age, character, environment, motive, means and method of the crime, and the circumstances after the crime, etc., the judgment of the court below is unreasonable, and the defendant and his defense counsel's assertion is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is re-written.