The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the reasons for appeal (a 10-month imprisonment and an additional collection) is too unreasonable.

2. Each of the instant crimes committed by the Defendant is deemed to have administered, received, or taken notes four times from 2012 to 2015. In consideration of the fact that narcotics-related crimes are seriously harmful to society due to the toxicity of narcotics, etc. and are highly likely to harm people’s health and social safety, a strict punishment against the Defendant is required.

However, the fact that the defendant recognized each of the crimes of this case through the life of confinement for about three months, that the amount of the penphone administered by the defendant is relatively small, that there is no record of punishment for the same crime against the defendant, that the family members or the company fees of the defendant are able to protect the defendant's rehabilitation and protection, and that the social ties of the defendant seems to be relatively obvious.

In full view of the above unfavorable circumstances and favorable circumstances, and other circumstances, such as the Defendant’s age, sex, environment, economic condition, family relationship, motive and circumstance of a crime, and circumstances that are the conditions for sentencing as shown in the trial process, the lower court’s punishment is somewhat unreasonable and unfair. Thus, the Defendant’s above assertion has merit.

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, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment.