The judgment of the court below is reversed.

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

The Seoul Western District Prosecutors' Office.

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant sold philophones once, administered them twice, and led them to a dose once.

Although there was a record of six times of punishment for the same crime, the crime has been committed during the period of repeated crime, and there is a lot of transfer of penphones handled.

On the other hand, the defendant is against all of the crimes, and it is favorable to the defendant that the defendant informed the drug offender, actively cooperates in the investigation, and the prosecutor submitted the confirmation document on the merits in the trial.

In addition, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below against the defendant is too unreasonable.

The defendant's argument of sentencing is justified.

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

Criminal facts

The summary of the judgment of the court below is as shown in the corresponding column.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes (the possession, purchase, and sale of phiphonephones, the point of administration, and the point of administration), and the choice of imprisonment with prison labor;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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