The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (one year and four months of imprisonment) is too unreasonable.

B. Prosecutor 1) In fact mistake or misapprehension of the legal doctrine, the lower judgment omitted the necessary additional collection declaration under the proviso of Article 67 of the Narcotics Control Act.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Article 67 of the Act on the Management of Narcotics, Etc., which provides for a misunderstanding of facts or a misapprehension of the legal doctrine, shall be confiscated.

Provided, That where it is impossible to confiscate it, the value thereof shall be collected additionally.

“.......”

According to the evidence duly adopted and examined by the court below, the defendant offered 150,000 won and 600,000 won each at the date of the decision of the court below to C and purchased phiphones, and the defendant recognized that all phiphones have been administered by the above phiphones, so long as the defendant cannot confiscate phiphones administered by the defendant, the court below omitted it, and the prosecutor's appeal pointed out this error is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act without examining the prosecutor's and the defendant's improper assertion of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of 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)1, and subparagraph 3(b) of Article 2 (3) of the Act on the Management of Narcotics, Etc. (the trade of phiphones and the provision of medication) concerning facts constituting an offense;