The judgment of the court below is reversed.

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

3,000 won shall be additionally collected from the defendant.

1. The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant, after undergoing a diagnosis on the cross-border on November 201, 2017; (b) the Defendant was under a diagnosis of the livering function; (c) the Defendant was under a pulmonary surgery due to the decline in the pulmonary function; (d) the Defendant’s entire confession of the instant crime; and (e) the Defendant was in the possession of the Defendant who received and possessed marijuana; and (e) the amount was small; and (e) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant argument, the sentence imposed by the lower court is somewhat unreasonable.

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 in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply) and Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Act on the Control of Narcotics, etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), Articles 61(1)6 and 4(1)2 of the former Act on the Control of Narcotics, etc.,

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;