The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

3.2

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a record of being punished several times as punishment for the same crime, and the defendant commits the crime of this case at the same time during the period of repeated crime for the same crime.

However, there are extenuating circumstances, such as the fact that the Defendant was breaking and reflecting his mistake in depth, that he was only imprisoned in a single medication, that again, he voluntarily surrendersed from committing a narcotics crime, that he actively cooperated in the investigation, that he appears to be not good in the health situation, and that he appears to be healthy. Accordingly, in full view of all kinds of sentencing conditions, including the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court sentencing committee, the group of narcotics crimes, medication and simple possession, etc., such as the sentencing range, the group of special sentencing factors (abb. and (c) and the special sentencing factors (ab. and (c)) and the scope of the recommended sentence (a basic area), the scope of sentencing (from October 2 to 2), and other various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, etc., the sentence of the court below is somewhat unfair.

3. As the defendant's appeal has merit, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;