The judgment of the court below is reversed.

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

50,000 won shall be additionally collected from the defendant.

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 full view of the favorable circumstances such as the Defendant’s age, sex, family relationship, motive, means, consequence, etc., and all of the sentencing circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant committed the instant crime during the period of suspension of execution due to the same kind of crime; (b) the recognition of and reflects against the Defendant when committing the crime; and (c) the submission of a written confirmation of cooperation to the arrest of a drug offender.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's argument in conclusion is with merit, and the following decision is rendered after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts and Selection of Imprisonment with prison labor;

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