The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

70,000 won shall be additionally collected from the defendant.

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and seven hundred thousand won of additional collection charges) is too unreasonable.

2. The offense related to the medication and distribution of narcotics requires the punishment of severe harm and injury to society as a whole, such as that the person’s body and mind are destroyed due to its serious addiction and propagation, and that it is necessary to do so. In addition, the Defendant has the history of committing the same kind of crime (in fact two times and one time of suspension of indictment) at least three times, and the Defendant has administered three phiphones during the period of repeated crime of the same kind of crime, and has purchased and received them.

However, in light of the fact that the defendant was living in prison for seven months in depth and reflects his mistake by living in prison, due to the defendant's information during the trial in the trial in the trial in the trial in the court, it seems that he actively cooperates in the investigation of the narcotics offender and is willing to stop narcotics. The defendant was hospitalized in the L Hospital for two months from May 15, 2013. The defendant's mother and her mother wished to be placed in a line with the defendant, and other various matters provided for in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc., as indicated in the records and arguments in this case, the sentence of the court below is somewhat unreasonable.

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.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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