The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, etc.) is too unreasonable.

2. The judgment of the court below is inappropriate in light of the following circumstances: although the defendant had already been punished once as a crime of violating the Act on the Control of Narcotics, etc. before committing the instant crime, he/she again committed the instant crime of the same kind despite the fact that he/she committed the instant crime, and that the amount of philopon handled by the defendant is not significant; however, the defendant confessions the instant crime and reflects his/her wrongness during the period of detention for not less than five months; the defendant has no record of criminal punishment since 2005; the defendant has no record of criminal punishment since 2005; and other various conditions attached to the instant records and arguments, such as the defendant's age

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

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and 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) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Probation, orders to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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;