The judgment of the court below is reversed.

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

Seized 0.08g (No. 1) shall be confiscated.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment, confiscation No. 1, additional collection of 100,000 won, provisional payment order) is too unreasonable.

2. In light of the judgment, the addiction of narcotics and the harm caused by the circulation and medication of narcotics, etc., it is necessary to strictly punish and eradicate them in the case of a narcotics offender, and the Defendant has three the same records, and the Defendant again commits the instant crime even though he was committed during the period of repeated offense due to the same kind of crime, etc., which is disadvantageous to the Defendant.

However, considering various circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, the punishment of the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.