The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 300,000 won for additional collection) imposed by the court below is too unreasonable.

2. The offense pertaining to narcotics, etc. is not suitable for the nature of the offense in light of addiction and the personal and social harm resulting therefrom, it is not easy to detect the offense due to the nature of the offense, and the risk of recidivism is high, and it may cause serious harm and harm to the public health.

The Defendant continued to deny the crime from the investigative agency to the court of the court below, and did not seem to have an attitude against the Defendant.

However, considering the favorable circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the lower court’s punishment is somewhat unreasonable in light of the following factors: (a) the Defendant has been recognized as committing the instant crime when it comes to the trial; (b) the Defendant was committed for a simple medication; (c) the purchase was not actually performed for a simple medication; (d) the Defendant’s family members and branch members want to have the Defendant’s prior address; and (e) the primary offender was the first offender.

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.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Selection of Imprisonment) of the Criminal Act concerning criminal facts and Article 62 (1) of the Act on the elective Management of Narcotics, Etc.

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are examined in the above Article 334(2).