The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A disposable injection which has been used in trace of seizure.

Summary of Grounds for Appeal

A. In the event that the Defendant was in a state of the violation of the Act on the Control of Narcotics, Etc. (flaging the exemption from water and the psychotropic stability agents, etc. at the time of committing a crime of violation of the Act on the Control of Narcotics, Etc. (flag) on May 25, 2014, the lower court erred by misapprehending it.

B. The sentence imposed by the court below on the defendant (one year, two months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination:

A. According to the record of the determination on the assertion of mental and physical disorder, the defendant appears to have taken patrial stability, etc., but the above 1-A.

In light of all the circumstances, such as the circumstances surrounding the crime as stated in the Paragraph, the means and method of the crime, and the criminal defendant's behavior before and after the crime, it is not deemed that the criminal defendant had a lack or weak ability to discern things or make decisions due to the taking of the drugs as mentioned above at the time of the crime.

Therefore, the defendant's mental disorder cannot be accepted.

B. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing has a history of serving six times the sentence of a single criminal punishment for the same crime and one suspended sentence, and that the instant crime purchased a phiphone and administered it on three occasions and received 0.3g g of a phiphones without compensation, and that the crime was not committed in light of the relevant criminal law and its content, etc., it is necessary to hold the Defendant liable for strict liability corresponding to it.

However, relevant investigation, such as the Defendant’s confession of the entire crime of this case and reflects his mistake, the punishment of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. at the Busan District Court on December 27, 2007, including one year from the punishment of violation of the Act on the Control of Narcotics, etc. to the crime of this case, which had no criminal records prior to the crime of this case, and making a statement to the Defendant by the investigative agency on the person who sold or delivered the