The judgment of the court below is reversed.

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

1,500,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The sentencing of the lower court (one year and six months of imprisonment, and additional collection) is too unreasonable.

Judgment

In light of the circumstances that the defendant committed the crime of this case at once while he was subject to criminal punishment more than six times, including the power of punishment for the same kind of crime, the fact that the defendant committed the crime of this case at once again during the period of repeated crime due to the same crime is disadvantageous to the defendant, or that the defendant made a confession of all the crime of this case, the defendant's family members want to lead the defendant, and that the defendant's family members want to cooperate with the arrest of the person who committed the crime of this case, a report of investigation is submitted to the effect that the defendant has contributed to cooperation in arresting the person who committed the crime of this case, and other various circumstances, such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., are considered to be inappropriate because the sentencing of the court below is somewhat inappropriate.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of imprisonment, as provided in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning 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 proviso to Article 67 of the Narcotics Control Act;