The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. 50 insulin insulin for once seized.

1. The decision of the court below on the summary of the grounds for appeal (one year and four months of imprisonment, confiscation, collection 400,000 won) is too unreasonable.

2. The fact that the defendant has been subject to punishment once as a result of the suspension of the execution of imprisonment for the same crime, and that the defendant's liability for the crime is not less than that of the defendant in light of the volume and frequency of the penphones administered and administered by the defendant, the duration of medication, etc.

However, the fact that the defendant has been recognized to commit the crime continuously, and that the defendant is expected not to commit the crime again, that the defendant actively cooperates in the investigation of other narcotics offenders, that the defendant's family and branch members are leading the defendant while complaining of his wife, and that the defendant seems to have engaged in donation and service activities for local society, etc. are favorable to the defendant.

In addition, considering the Defendant’s career, character and conduct, environment, health condition, motive and background of the offense, the means and consequence of the offense, and various sentencing conditions as shown in the pleadings, the sentence of the lower court is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 order of provisional payment;