The judgment below

The remainder of the forfeiture and collection, excluding the forfeiture and collection, shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and two months.

1. The sentence of the lower court (a year and six months of imprisonment, confiscation, and collection) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant committed the instant crime during the period of suspension of execution due to the same crime. The Defendant has already been a number of criminal records of the same kind.

This is disadvantageous to the defendant.

However, the defendant recognized all of the crimes of this case and is against the law.

Although there are many criminal records for the defendant, all of them will be prior to the year 2002 except for one criminal record before the suspension of the above execution.

The defendant has the first child of 4 years of age, who gives birth to the second child while the trial of this case, and raises the second child in the current prison. In light of the fact that the husband of the defendant is currently under the custody of the defendant, it seems that the detention of the defendant entails excessive difficulties for the children who are in custody of the defendant.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the receipt, possession, and medication of phiphones), Article 60(3) and Article 60(1)2, Article 4(1)1, and Article 2 of the Act on the Control of Narcotics, Etc., for criminal facts.