The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. A case where the victim's stroke-m (e.g., psychotropic drug ingredients) in an internal combustion relation with the judgment is taken on the stroke-mm, which is the psychotropic drug, and the nature of the crime is not weak;

There are reasons for sentencing disadvantageous to the defendant, such as the fact that there is no agreement with the victim and the victim wanting to punish the defendant's severe punishment.

However, in the first instance trial, the victim paid KRW 5 million to the victim and deposited the repayment of KRW 10 million as damages, immediately surrenders to the crime, and the fact that there is no particular power to commit the crime other than the single fine power in around 1996, reflects the fact that there is no specific power, other than the defendant's character and behavior, and the circumstances before and after the crime, etc., of this case and all the reasons for sentencing indicated in the records are inappropriate.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 concerning facts constituting an offense, and the choice of imprisonment with prison labor under Articles 61 (1) 5, 4 (1) 1, and

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The proviso to Article 67 of the Narcotics Control Act;