The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1,060,000 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. As in the instant case, narcotics crimes, such as the instant case, are highly likely to repeat a crime, are highly likely to cause social harm, with heavy nature of the crime, and the Defendant again commits the instant crime even if he/she was punished several times as the same crime.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, and the defendant actively cooperates in the investigation of a separate drug crime by the investigative agency up to the trial.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment seems to be somewhat inappropriate, and thus, the Defendant’s assertion of unfair sentencing is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is identical to the facts stated in each corresponding column 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) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes (as to the crimes of violation of the Act on the Control of Narcotics, etc. ( native) on December 24, 2016 and December 24, 2016)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be taken into consideration in determining the punishment as ordered by taking into account the various sentencing conditions in light of the reasons for sentencing.