The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

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

2. In light of the addiction of the judgment and the harm, etc. caused by medication of narcotics, there is a need to strictize the relevant narcotics crime, and even if the Defendant was sentenced to imprisonment for a year of suspension of the execution of one year for ordinary narcotics crimes in 2015 and was sentenced to two years of suspension of the execution of two years, there are unfavorable circumstances such as the Defendant again committed the instant crime without suspicion during the period of suspension of the execution of the sentence (the current Do).

However, there are favorable circumstances such as the Defendant’s confession of the instant crime, the Defendant’s mistake is divided into one another, the fact that the Defendant’s health status is not good due to brain-related disorders, etc., and the result of the appraisal of the Defendant’s maternity, etc., which do not seem to be serious.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case and all of the sentencing conditions shown in the theory of changes, the punishment sentenced by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as 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. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. It is so decided as per Disposition in consideration of the fact of reversal prior to the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.