The judgment of the court below is reversed.

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

149,400 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and penalty collection) of the lower court is too unreasonable.

2. Determination

A. It is recognized that narcotics-related crimes have committed various narcotics-related crimes, such as giving and receiving, administering, and using phiphonephones, etc., which have a significant adverse impact on the individuals as well as society as a whole due to their toxicity, and that the Defendant has committed several narcotics-related crimes, which are not good in the nature of such crimes, and that the Defendant has a criminal record (4 times of actual punishment, two times of suspended execution, and two times of fine).

B. However, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, character and behavior, living attitude, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence of the lower court is somewhat inappropriate, considering the following factors: (a) the Defendant’s confession of the instant crime; (b) the Defendant did not have any criminal record related to narcotics; (c) the Defendant provided information on the instant case with an assistance in arresting a medication; and (d) submitted data on cooperation in investigation at the trial; (b) occupational breach of trust, etc. for which the judgment has already become final and conclusive; and (c) the sentence of the sentence should be judged to have been rendered in a single case.

C. Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted 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 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the purpose of crime and the selection of punishment, respectively;

Bags (Selection of Imprisonment)

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.