A defendant shall be punished by imprisonment for not more than ten months.

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

2. The crime of this case is a case where the defendant delivered a phiphone to E who has no phiphone medication record, and in light of the addiction to narcotics and the harm caused by the administration of narcotics, etc., the crime of this case is not deemed to be a good crime. However, in light of the above circumstances, the punishment imposed by the court below is unreasonable, considering the favorable circumstances such as the defendant's age, sexual behavior, environment, motive, means and result of the crime of this case, the circumstances after the crime, etc., and all of the sentencing conditions on the records and changes of the crime of this case, such as the fact that the defendant led to the conviction of this case, and there is no record of criminal punishment exceeding the fine.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

2. The sentencing conditions set forth in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be taken into consideration prior to the reasons for sentencing.