The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that this judgment.

1. The sentence imposed by the lower court (one year and two months of imprisonment, confiscation, collection and provisional payment order) is too unreasonable.

2. The Defendant, while engaging in illegal stay for a considerable period of time, has purchased a camping part containing a single opon component, or has repeatedly administered such part.

It is not easy to detect narcotics crimes due to their characteristics, and there is a need to severely punish narcotics crimes as a serious negative impact on society as well as the risk of recidivism.

On the other hand, however, the defendant is against all of the crimes, and there is no record of criminal punishment in the Republic of Korea.

Due to the instant case, the defendant had an opportunity to reflect on his living abroad while living in custody for about four months, and the judgment becomes final and conclusive, it seems that the defendant will be forced to arrest abroad.

The defendant seems to cooperate with the investigation by actively informing the defendant of the sales of philophones in the investigation process and aiding in arresting him.

In full view of other circumstances, including the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

【The reasons for the judgment in multiple times (the defendant part) 【The facts constituting the crime and the summary of the evidence recognized by the court in this case and the summary of the evidence are as shown in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (the point of purchase and medication) of Article 2, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Act on the Management of Narcotics, etc. for the Prevention of Specific Crimes shall exceed the period of sojourn;