The judgment of the court below is reversed.

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

60,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment and 600,000 won of collection) is too unreasonable.

Judgment

It is necessary to punish the defendant strictly in that he/she comes to commit the crime of this case during the period of repeated crime due to his/her previous fault.

However, considering the various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is somewhat excessive, taking into account the following factors: (a) the Defendant received and administered phiphones over three times, and the number of administered phiphones is much less than the number of administered phiphones; (b) the amount of phiphones handled but did not proceed to the act of selling it in excess of the simple medication; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., including the balance with the sentencing of C who issued phiphones to the Defendant; and (d) the circumstances after the crime.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is 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 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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 Act on the Control of Narcotics, Etc. (the amount additionally collected = 600,000 won = 0.5g oponononon 0.5g 400,000 opon 200,000 won);