The judgment of the court below is reversed.

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

Nos. 1 through 8 of seized evidence.

1. The sentence imposed by the court below (one year of imprisonment, confiscation, additional collection KRW 258,210) on the defendant is too unreasonable.

2. The judgment is an unfavorable circumstance that the defendant has a record of being punished several times for the same crime, and that the amount of marijuana possessed and smoked and the philophones possessed, administered, or possessed by the defendant is not considerable.

However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unfair because it is too unreasonable, in light of the following: (a) the defendant has been led to the confession of all crimes; and (b) the defendant has cooperation in the investigation of narcotics crimes; and (c) the defendant has no criminal history including narcotics after 2008, and there is no other criminal history.

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.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Selection and Control of Narcotics, Etc. (the point of trade of phiphones, medication, and possession), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of smoking marijuana), Article 61 (1) 4 (b) and Article 61 (1) 4 (b) of the Narcotics Control Act, Article 3 subparagraph 10 (b) (the point of smoking marijuana), Article 61 (1) 4 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Narcotics Control Act (the point of carrying marijuana), and selection of imprisonment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are as follows.