The judgment of the court below is reversed.

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

One divers (Evidence No. 1) that has been seized.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenders, and the Defendant has the history of criminal punishment for the same kind of crime (including four times of imprisonment and two times of suspension of execution) and in particular, the Defendant committed the instant crime even though he was sentenced to ten months of imprisonment for the same crime on July 24, 2015 and even during the period of repeated crime after the execution of the sentence was completed. However, the lower court determined that the Defendant’s confession of the instant crime on September 10, 2016, which was the second day after the instant crime, was against the Defendant’s mistake when he voluntarily surrendered to the police on September 10, 2016, and did not have much the volume of rophonephones handled by the instant crime, and it did not go against the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the following circumstances were considered.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

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;

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

3. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

4. Terms and conditions of sentencing prior to the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.