The judgment of the court below is reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The court below erred by misapprehending the legal principles as to the requirements of confiscation, where the defendant forfeited one (RF1D30GT05, No. 10), 51 S5 (R39F50A3G0E, No. 11), 1 (R33C20S JCF, No. 12), 1 handphone 1 (2G, No. 14) (R3G, No. 2G, No. 14) which was seized as a thing that was not used for the crime by the defendant.

The sentencing of the lower court (one year of imprisonment) of unreasonable sentencing is too unreasonable.

Confiscation under the Criminal Act on the argument of misunderstanding legal principles is a thing provided or intended to be provided to a criminal act, a thing produced or acquired by such criminal act or an article acquired in return for such crime, which does not belong to a person other than the criminal, or an article acquired by a person other than the criminal after the crime is committed

(Article 48(1) of the Criminal Act. Comprehensively considering the evidence duly adopted and examined by the court below, it is difficult to recognize that one of the seized articles by the defendant was provided or intended to be provided to the defendant for committing a crime under the Act on the Control of Narcotics, etc. of this case, there is no other evidence to acknowledge it otherwise.

Nevertheless, the court below erred by misapprehending the legal principles as to the requirements for confiscation, since all of the above seized articles were confiscated.

As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.