The judgment of the court below is reversed.

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

803,000 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 additional collection of KRW 803,00) is too unreasonable.

2. The number of crimes in this case or the quantity of penphones handled by the defendant in the course of the crime cannot be deemed to be less than the number of crimes in this case, and the defendant has the record of having been punished several times by imprisonment with prison labor, etc. due to the same crime, and the liability for the crime is not minor

However, in full view of the fact that the defendant is divided in depth and reflects the defendant's mistake, that the defendant actively cooperatedd with the investigation of the investigative agency to arrest a narcotics offender, that the time when the defendant was punished for the same kind of crime has passed since around 2007, and all of the sentencing conditions in the records and arguments of this case, the punishment imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Articles 60(1)2 and 60(1)3(b) of the Act on the Control of Narcotics, Etc., Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. (the point of purchase of phiphones), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc., Articles 60(1)2, and 61(1)4(a), and 3 subparag. 10(a) of the Act on the Control of Narcotics, etc., and each of them.