The judgment of the court below is reversed.

1. The defendant shall be punished by imprisonment for a period of two years and three months;

2. Seized evidence 1, 3, 4, 6, 7, 8, 10.

1. The summary of the grounds for appeal of this case and the summary of the grounds for appeal of this case are that the punishment of the judgment below (two years and six months of imprisonment, confiscation and collection) is too unreasonable.

Comparing the sentencing conditions in the instant case and the reasons for sentencing in the lower judgment, the lower court’s sentencing that is determined within the scope of the recommended sentencing of the Sentencing Committee per se does not appear to be unfair by itself.

However, it is unreasonable to maintain the sentence of the court below in addition to the circumstances additionally submitted, if the investigation report that the defendant cooperates in an investigation to arrest the philophone seller and buyer in the sense that he would cut off narcotics by opposing his criminal act.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they shall be quoted 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 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

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