The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (the collection of 10,00 won by imprisonment) is too unreasonable.

2. In full view of the following factors: (a) there is a reason for unfavorable sentencing, such as the following: (b) the first and fourth criminal records of the same kind (two times of imprisonment, and two times of suspension of the execution of imprisonment); (c) the accused has led to the confession of the offense; (d) the Defendant has no previous convictions for the last five years; (e) the Defendant has been detained for four months; and (e) the Defendant’s family's livelihood has been extremely difficult due to his detention; (e) the favorable reasons for sentencing; (b) the Defendant's age, family relationship, economic situation; (c) the background and motive leading to the offense; and (d) the records and changes of the instant case, the Defendant's argument is reasonable and unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is 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;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);

1. Article 62-2 of the Criminal Act on the observation of protection;

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