The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenses. In particular, the Defendant was sentenced to criminal punishment for the same kind of crime on February 6, 2013, and even if the execution of the sentence was completed on February 6, 2013, he/she committed the instant crime even though he/she was sentenced to imprisonment for the same kind of crime, and even during the repeated period, he/she committed the instant crime, and the amount of marijuana handled by the Defendant. However, there is a little degree of disadvantage in the Defendant’s confession of the instant crime. Meanwhile, the instant crime is against the mistake while the Defendant led to the instant crime. Since the instant crime is in a concurrent relationship between the crime of violation of the Narcotics Control Act (fence) established on May 2, 2016 and the latter under Article 37 of the Criminal Act, it is determined that the Defendant’s punishment should be determined in consideration of the balance between the case to be adjudicated at the same time, the Defendant’s age, age, motive, means and condition of the instant crime, etc.

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 below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 61 (1) 6 and Article 4 (1) 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, Articles 61 (1) 6 and 4 (1) 2 of the same Act, selection of imprisonment for a prison labor;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39 Section 1.