The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 and 2 of seized evidence shall be charged to the defendant.

The gist of the grounds for appeal by the defendant is that the punishment of the court below (two years of imprisonment) is too unreasonable.

The fact that the defendant has been punished for the same kind of crime more than 12 times, and that the defendant inhales the mainboard again within three months after completing the execution of imprisonment and medical treatment and custody is disadvantageous to the defendant.

However, it is only impossible for the defendant to take the intake of his body while living in his body, and it is clear that he did not have his own will that he would take the inhaled body in good faith. The defendant's parents want to support the defendant through hospital treatment, etc. The crime of this case itself is that the defendant inhaled his body once in his own room, and the defendant did not commit any additional crime in the process before and after the inhaled body, it is against the defendant's mistake, and considering various sentencing conditions shown in the arguments of this case, such as the method of the crime of this case, motive, circumstances after the crime, the defendant's age and character, family relation, the punishment of the court below is too unreasonable. Thus, the defendant's assertion is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to those stated in 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 58 of the relevant Act on criminal facts and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act, the selection of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;