The judgment of the court below is reversed.

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

10,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (10 months of imprisonment, 100,000 won for additional collection) is too unreasonable.

2. The instant crime was committed by the Defendant, even though the Defendant is not a person handling narcotics, by inserting approximately 0.03 g of psychotropic drugs in a single-use injection machine, melting them into left arms after injecting them, and committing the instant crime during the period of repeated offense due to a separate crime of violation of the Act on the Control of Narcotics, Etc. (hereinafter “the Act”).

However, as the disabled in the third degree of disability, the defendant recognized the crime of this case as the disabled in the second degree of disability, prevented the suicide of inmates in the same way during the prison period, and provided information about other drug offenders and arrested them in the trial.

In addition, considering the fact that the family members and branch members of the defendant want to take a preference against the defendant, as well as various circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment of the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. (Optional to Imprisonment)

2. Article 35 of the Criminal Act among repeated crimes;

3. The proviso to Article 67 of the Narcotics Control Act.