The judgment of the court below is reversed.

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

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

1. The sentence imposed by the court below (one year of imprisonment, confiscation, and collection) on the defendant is too unreasonable, due to the summary of the reasons for appeal.

2. The fact that there is a serious social disorder in the crime related to narcotics, etc., which is in need of strict punishment. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant purchased phiphones three times a year, received 12 times a year, received them, and possessed them, and that it is not good to the nature of the crime in light of the method, frequency, period, etc. of the crime, and that some of the crimes are likely to have committed during the escape of the police.

However, considering the following circumstances: (a) the Defendant appears to have committed the instant crime; (b) the Defendant appears to have committed the instant crime; (c) the purchase of, or the receipt of, phiphones for the purpose of simple medication; (d) the fact that it appears that he/she cooperates with the investigative agency by providing information on the sales of phiphones; and (e) the Defendant’s social relation appears to be clear, such as the Defendant’s arrest upon the Defendant’s information on the Defendant’s wife; (c) the Defendant appears to have intention to take care of, and receive treatment for, two months in the course of the investigation; (d) three months in prison due to the instant case; (e) there was no history of punishment for narcotics crimes; and (e) there was no history of punishment exceeding fines; and (e) there was no history of punishment for narcotics crimes; and (e) other favorable circumstances, such as the Defendant’s age, sex, environment, process and method of the instant crime; and (e) the circumstances after the crime; and (e) the sentencing conditions indicated in the changed theory.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.