The judgment of the court below is reversed.

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

Seized evidence 1 to 5 shall be confiscated.

1. The sentence (one and half years of imprisonment, confiscation, collection 100,00 won) that the court below made by the court below on the summary of the reasons for appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., narcotics crimes need to be seriously punished and eradicated; the amount of phiphonephones possessed by the Defendant is not large; the Defendant committed the instant crime during the period of the same repeated crime; and the fact that there are considerable records of the same kind of crime.

On the other hand, the fact that the defendant recognized each of the crimes of this case and responded to his mistake, cooperates with the arrest of other narcotics-related criminals, and accordingly, a public fact confirmation document is submitted in the first instance is favorable.

In full view of the above circumstances and all of the factors of sentencing as shown in the arguments in this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court 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, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection 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. Grounds for reversal prior to the reasons for sentencing under the proviso of Article 67 of the Narcotics Control Act.