1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3. 100,000 won shall be collected from the defendant.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. The instant crime was committed by the Defendant after receiving psychotropic drugs from E, and administered them, and the Defendant was subject to the suspension of indictment at the Changwon District Prosecutors’ Office on November 26, 2009 on the condition that the Defendant would receive education on the suspected violation of the Act on the Control of Narcotics, Etc. at the Busan District Prosecutors’ Office on November 26, 2009, but also committed the instant crime. The instant crime was committed, and narcotics-related crimes need to be strictly punished as a serious crime that is socially harmful and high risk of recidivism.

However, the defendant recognized the crime of this case and responded to the mistake, and the defendant provided information on the crimes of other narcotics and arrested the holders of merpta by providing information on the crimes of this case, and submitted the above investigation cooperation data in the trial, and the family members of the defendant wanted to take the action against the defendant, etc. are favorable to the defendant.

In addition to the above circumstances, comprehensively taking account of the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee (the scope of recommending punishment: between October and two years), and other circumstances that form the conditions of sentencing as shown in the records and pleadings of this case, such as the defendant's age, character and conduct, environment, circumstances of crime, means and consequence, etc., the sentence imposed by the court below is somewhat unreasonable.

3. If so, 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 following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the statement of each corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.