The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The Seoul Central District Prosecutors' Office, seized.

Summary of Grounds for Appeal

The punishment sentenced by the court below (the imprisonment of three years and six months, confiscation and additional collection of KRW 24,468,00) is too unreasonable.

2. The crime of this case is deemed to have committed a crime of selling a large amount of philophones after being arrested and investigated by the defendant while handling a large number of philophones by receiving, purchasing, selling, etc., and then repeatedly committed a crime of selling a large amount of philophones after being released.

Moreover, in the case of the crime related to narcotics, it is not easy to detect narcotics due to their characteristics, and the defendant plays a role of hiding narcotics in the trading method of the term "herb", which is taken to avoid the crackdown on narcotics sales, and the social harm caused by the narcotics so distributed is large, and thus, a strict punishment corresponding to their illegality is required for the crime of this case.

However, in 2010, after the defendant was punished for the suspension of the execution of imprisonment for a crime of narcotics, he was sentenced to imprisonment for about nine years before the crime of this case was committed, due to economic difficulties that led to the medication of phiphones, and was involved in the crime of selling phiphones. The defendant committed all the crime, and actively cooperates with the investigation, such as the defendant's awareness of the place where the defendant concealed narcotics was committed by the police officer, and informing the police officer of the place where the defendant concealed narcotics, and the defendant's own awareness of his will, such as the defendant's own mental therapy, and the defendant's family members are leading the defendant's behavior while putting the defendant's wife, and considering the various sentencing conditions as shown in the records and arguments such as the defendant's age, character and behavior, environment, family relations, etc., the punishment of the court below is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Accordingly, the defendant's appeal is justified.