The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

One-time injection and transparent vinyl that have been seized.

1. The sentence imposed by the lower court (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. The judgment of the court below has had the history of having been sentenced to criminal punishment for the crime of narcotics in the past over a long time, and the crime of this case is committed during the period of repeated crime, and the frequency of the crime of this case or the quantity of philophones purchased or administered by the defendant cannot be deemed to be less. However, considering all other factors including the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

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 criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column 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, and Article 4 (1) 1 of the Act on the Control of Narcotics, etc. under the relevant Act on the Prevention of Criminal Crimes (the receipt, sale, medication, possession, mediation of trade of philopon, the choice of imprisonment), Articles 60 (1) 2 and (3), and 4 (1) 1 of the Narcotics Control Act (the receipt of philopon and attempted receipt of philopon, the choice of imprisonment);

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. Grounds for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc.