The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Nos. 3 through 5 of seized evidence.

1. The gist of the grounds for appeal was that the Defendant appealed on the grounds that the punishment sentenced by the lower court (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. The instant drug-related crime committed by the judgment defendant is not less vulnerable to the nature of the crime in terms of social harm and risk of recidivism.

However, in full view of all the circumstances that form the conditions of the sentencing of this case as shown in the record, such as the method of the crime of this case and the circumstances after the crime, there is no history of punishment for the same kind of crime, relatively old age with delay and mental disorder, his mistake is recognized, and the punishment imposed by the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the facts of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;