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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
3.2
Reasons
1. The sentence imposed by the lower court (one year of imprisonment, additional collection of one hundred thousand won) on the summary of the grounds for appeal is too unreasonable.
2. On July 5, 2017, the Defendant: (a) committed the instant crime even though he/she was sentenced to a suspended sentence of ten months for a violation of the Narcotics Control Act in the Changwon District Court’s Jinju branch on the grounds of appeal; and (b) committed the instant crime in only one month after having been sentenced to a suspended sentence of three years for ten months; and (c) a narcotics crime is highly harmful to the society due to its toxicity.
However, the circumstance that the defendant led to the confession of the crime of this case, recognized his mistake and reflected his mistake, recognized his gramphones simply administered once, and the defendant's family members and supporters resisted the defendant's edification, the defendant's response to the fact by the Jinju Police Station was submitted at the court below, and the defendant also submitted an additional response to the fact by the Jinnam-do National Police Agency to the effect that the defendant cooperatedd with the investigation and arrest of three narcotics offenders, and the defendant respondeded to the investigation and arrest of the three narcotics offenders, is favorable to the defendant (the defendant appeared at the protection observation office and notified the responsible officer of the administration of narcotics voluntarily, so the circumstance such as the number of persons present at the probation office should also be reflected in the ordinary circumstances favorable to the sentencing, but the defendant's response to the danger of the crime by voluntarily reporting the criminal facts to the investigation agency, and the defendant's response to the request for an in-depth observation of the defendant's expression of opinion to the investigation agency at the trial of the first instance.