The judgment of the court below is reversed.

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

101,500 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment and one thousand won for additional collection) is too unreasonable.

Judgment

Although the Defendant had been sentenced to suspended sentence for the previous and previous crimes in 2008, on the other hand, the Defendant did not commit the same crime for about 8 years from the date of the crime committed with the previous and previous crimes to the crime in this case, and the crime in this case did not reach the level of sale and administration once each of the crimes in this case, including the Defendant’s age, character, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court is somewhat heavy.

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

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of delivery and receipt, medication) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 and 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence concerning the crime;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;