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

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

2. Considering the fact that the crime of this case is not good, and that the defendant committed the crime of this case again during the period of probation even though he had a single criminal record, strict punishment against the defendant is needed.

However, considering the fact that the defendant's misjudgments in depth through the life of detention for about nine months, the defendant has no previous convictions, the defendant's previous convictions for a long period of ten years, the defendant voluntarily surrenders, the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the sentence of the court below against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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 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;

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