A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2.The administration of narcotics is a serious crime that causes serious harm to society and the national soundness due to their toxicity and that requires punishment.

However, in full view of all the sentencing conditions including the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., such as the defendant's age, character and conduct, motive and circumstance after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Relevant legal provisions concerning the facts constituting a crime, the trade of philophones and the provision of medications at the option of punishment: The points of smoking marijuana under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.: Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking marijuana and the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The proviso to Article 67 of the Narcotics Control Act;