The judgment of the court below is reversed.

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

20,000 won shall be additionally collected from the defendant.

1. The sentence of the lower court (one year of imprisonment, and additional collection) is too unreasonable as to the gist of the grounds for appeal.

2. In the case of the judgment of narcotics, etc., there is a need to severely punish the addiction and the personal and social harm resulting therefrom, and the defendant has been punished several times for the same kind of crime, as well as the fact that the defendant committed each of the crimes of this case without being aware of the fact that he had committed the crime even though he was in the period of repeated crime due to the same kind of crime.

However, in full view of the favorable circumstances, such as the Defendant’s mistake and the fact that the Defendant appears to have the intention of cutting down a drug for narcotics, the sale and purchase of phiphones, the number of times of medication, the Defendant’s cooperation in the investigation, and other various circumstances, including the Defendant’s age, sex, criminal conduct, environment, family relationship, motive, means and consequence of the crime, etc., the lower court’s punishment is unreasonable as it is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column 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, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal facts, and Article 141 (1) of the relevant Criminal Act (a point of damage to documents for public use) concerning the fact-finding;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Joint Crimes of Damaging Documents for Public Use)

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;