The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the penalty of 10 months, 975, 320 won) is too unreasonable.

2. The crime of this case is judged that the defendant purchased 0.18g of philophones on two occasions and administered two times, smokes marijuana and delivered marijuana 10.58g to E, and the nature of the crime is not less than that of this case. However, it cannot be deemed that the defendant led to the confession of criminal facts and reflects his mistake through his prison life for about four months, the defendant has no other criminal power except that he was sentenced to a fine of KRW 1.5 million due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2001; the defendant's health status is not good; the defendant's family members are not good; the defendant's family members are tryed to avoid such mistakes; and considering other various sentencing conditions as the defendant's age, character, family environment, circumstance and result leading to the crime of this case; and the circumstances before and after the crime, etc., the defendant's assertion has merit.

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 reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the purchase and medication of a penphone), Articles 61(1)4(a) and 3 subparag. 10(a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana), Articles 61(1)6 and 4(1)2 of the Act on the Control of Narcotics, etc. (the point of delivery of marijuana) concerning criminal facts and the choice of punishment for each crime, and choice of imprisonment with prison labor.