The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 and 2 of the seized evidence shall be taken by the defendant respectively.

The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, confiscation, additional collection, 900,000 won for protection, observation of protection, community service work 200 hours) of the lower court is deemed to be too unfeasible and unfair.

Judgment

In full view of the fact that the Defendant has been punished three times for the same kind of crime, and that the amount of penphones purchased and administered by the Defendant is not considerable, the lower court’s punishment is deemed to be unfair and unfair.

Therefore, the prosecutor's improper argument of sentencing is justified.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited 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 of the Act on the Management of Narcotics, Etc. for the Fact-finding, the purchase, possession, medication, and each choice of imprisonment with labor);

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

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the value of 900,000 won for each number and each mephone administered);

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been sentenced to three times of punishment for the same crime, the fact that the defendant purchased the penphones, the fact that the defendant administered 0.06g of the above penphones on two occasions, the defendant repents and reflects the wrong, and the fact that the defendant was arrested and investigated as the current criminal due to the report of the living woman who became aware of the administration of the defendant, and other favorable circumstances such as the defendant's age, sexual behavior, and the circumstances after the crime, etc., and the sentencing guidelines are based on the sentencing guidelines as shown in the theory of the records and changes.