The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1.3 million won shall be additionally collected from the defendant.

1. The sentencing of the lower court (one hundred and thirty months of imprisonment and one hundred and three million won of collection) is deemed to be too unreasonable in light of the gist of the grounds for appeal.

2. In full view of the circumstances such as the confession and reflection of the grounds for appeal, the fact that there is no record of punishment for the same kind of crime after 1999, the health of the defendant is not good, and the balance between the sentence against D and the sentence against D, the judgment of the court below is deemed unreasonable, and thus, the defendant's assertion is justified.

3. Since the defendant's argument in conclusion is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 61 (1) 6, and Article 4 (1) 2 (a) and subparagraph 4 (a) of Article 61 and subparagraph 10 (a) of Article 3 of the Narcotics Control Act concerning the control of narcotics, etc.;

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes on the market and the violation of the Act on the Control of Narcotics, etc. by Receiving and Receiving Handphones specified in paragraph (3) and the violation of the Act on the Control of Narcotics, etc. by Receiving and Receiving marijuana).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

5. The proviso to Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection.