1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.Provided, That it shall be for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, two hundred hours of community service, 80 hours of pharmacologic, and one hundred thousand won of additional collection) is too unfluent and unreasonable.

2. The determination is based on the following facts: (a) the Defendant recognized the instant crime and divided his mistake in depth while recognizing the instant crime; (b) the Defendant again said that the Defendant would not commit a crime related to the administration of Meptamina; and (c) the Defendant cooperates with the investigation to arrest a drug offender after being investigated into the instant case.

However, the defendant has been punished by imprisonment with prison labor and a suspended sentence on several occasions due to the same criminal acts, and the defendant was sentenced to a suspended sentence on October 28, 2010 by imprisonment with prison labor for one year at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. on the Aggravated Punishment, etc. on November 5, 2010, which became final and conclusive on November 5, 2010, and even during the suspended sentence period, the crime of this case, which is the same criminal act, is again committed, and the quality of such crime is not good. In full view of the defendant's age, character, character, intelligence and environment, motive, means, methods, methods, and results of the crime, criminal records, conditions before and after the crime, etc., the sentence imposed by the court below is too unjustifiable, and thus, the prosecutor's assertion

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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. Relevant Article of the Criminal Act and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., for which the choice of punishment is applied, and choice of imprisonment as to the crime;