The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 2,00,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below (one year of imprisonment, confiscation and collection) is too unreasonable.

2. The crime related to narcotics is highly harmful to the society due to toxicity; the Defendant administered a phiphone on October 14, 2013, and the Defendant held a large amount of 0.38g or a large amount of phiphones on the same day and delivered a phiphone to E on October 8, 2013; the Defendant already committed the crime of this case 10 times of imprisonment (nine times of imprisonment and one time of the suspension of the execution of imprisonment) or of punishment for the same kind of crime, which is disadvantageous to the Defendant.

However, in full view of all the circumstances that are the conditions for sentencing and arguments, such as the defendant's age, character and behavior, occupation and environment, family relationship, the circumstances and results of each of the crimes in this case, etc., the sentence imposed by the court below is somewhat unreasonable, and therefore, the defendant's assertion is reasonable, since it is recognized that the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., of the relevant Article of the Act on the Control of Narcotics, etc. concerning criminal facts;

2. The concurrent imposition of fines in accordance with Article 66 (2) of the Act on the Selection of Punishment of Narcotics and Narcotics.

3. The Criminal Act among concurrent crimes.