The judgment of the court below is reversed.

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

10,000 won shall be additionally collected from the defendant.

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. In light of the fact that the Defendant, on February 2, 2012, was sentenced to a suspended sentence of 2 years for the same crime at the Busan District Court, on October 2, 2012, and on April 7, 2012, the said judgment became final and conclusive, and only one month, the commission of the instant crime is not very good, and the Defendant attempted to escape for about 2 years after being dismissed from the commission of the crime, and to escape while committing a criminal punishment, a sentence of imprisonment with prison labor for the Defendant is inevitable.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant provided cooperation in the investigation by informing the drug offender during the investigation process to seize a large quantity of Mepters; (c) the Defendant’s health is not good due to chronic virus C infection; and (d) the Defendant’s age, character and conduct; (b) the motive of the instant crime; and (c) the circumstances after the instant crime, etc., the lower court’s punishment is somewhat heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;