The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (a year of imprisonment, two years of suspended execution, observation of protection, and an order to attend pharmacologic treatment for forty hours) is deemed too unfilled and unreasonable.

2. Article 67 of the Act on the Control of Narcotics, Etc. ex officio, shall be confiscated for narcotics, temporary narcotics, and facilities, equipment, funds or means of transport provided for any crime prescribed in this Act, and proceeds therefrom;

However, in cases where it is impossible to confiscate it, the value thereof shall be collected from the Defendant. As such, the Defendant received and administered 0.2 grams as stated in the facts constituting an offense in the lower judgment, and accordingly, the value thereof shall be collected from the Defendant.

Nevertheless, the lower court was unlawful since it omitted the Defendant’s imposition of additional collection.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows 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 each judgment below, thereby citing them as it is 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. for the Prevention of Criminal Facts and the Selection of Punishment (the receipt of each mental medicine or medication, and the choice of each imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the total amount of 200,000 won for two phiphones); and

1. Class 1, 2, and 3 of crimes (the scope of each recommendation) are administered, simple possession, etc., and the basic area (0-2 years from October to 3) (each special sentencing factor) is the basic area (10-2 years).