The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 2 shall be confiscated.

1. The summary of the reasons for appeal (one year and ten months of imprisonment) by the lower court is too unreasonable.

2. In full view of the following facts: (a) the Defendant led to the confession and reflect of the instant crime; (b) only a part of the crime constitutes a repeated offense; (c) the Defendant appears to have the intent to actively treat addiction to Meteptians; and (d) the Defendant’s age, character and behavior, living environment; (b) background leading to the instant crime; (c) the circumstances before and after the instant crime; and (d) the sentencing conditions specified in the records and arguments, such as the circumstances before and after the instant crime; and (e) the punishment

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 criminal facts and the summary of evidence against the defendant recognized by the court are the same as the entries in each corresponding column of the judgment of the court below. Thus, they are cited 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 Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated offenders (Article 1-A of the Criminal Act as stated in the original judgment)

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. The punishment as ordered shall be determined in consideration of the circumstances in the judgment prior to the reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics; and