The judgment of the court below is reversed.

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

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

1. The punishment of the original judgment against the accused (two months of imprisonment, 104, 500 won) is too unreasonable.

2. Although the Defendant had a criminal record prior to the same suspended sentence, the Defendant appears to be in reflection of his or her mistake, the Defendant’s wife provided information on the crime of violation of the Act on the Control of Narcotics, etc. against J to cooperate in the investigation of narcotics crimes, and the Defendant has been detained for about four months due to the instant crime, and the Defendant’s life, character and conduct, motive, means and consequence of the instant crime, and the sentencing conditions indicated in the instant argument, such as the Defendant’s age, character and conduct, motive, means and consequence, are considered to be unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as 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. Article 61 (1) 4 (b) and Article 3 subparag. 10 (the occupation of holding marijuana and the choice of imprisonment), Article 61 (1) 4 (a), Article 3 subparag. 10 (the occupation of smoking marijuana and the choice of imprisonment), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparag. 3 (b) of the Narcotics Control Act (the occupation of smoking marijuana), Article 61 (1) 4 (a) and Article 3 of the Act on the Control of Narcotics, Etc.; the choice of imprisonment);

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;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. 104,50 won = 100 won for a medication once in a phiphonephone, respectively, under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.; and