The judgment of the court below is reversed.

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

The seized evidence1 to 21 shall be confiscated.

1. The summary of the reasons for appeal (one year of imprisonment, confiscation, and collection) imposed by the lower court on the Defendant is too unreasonable.

2. In 2003, the Defendant committed the instant crime, even though he had the record of being sentenced to 10 months of imprisonment for the same kind of crime, by purchasing the scopon and selling the scopon, and the amount of the scopon purchased by the Defendant in this case is not smaller than 1.5g. However, there are circumstances to be taken into account, such as the following: (a) the Defendant led to the confession of the instant crime and the mistake; (b) the Defendant cooperated in the investigation of the scopon; (c) there was no record of punishment for the same crime for 10 years after the sentence was sentenced in 2003; and (d) the Defendant administered the scopon with stress arising from the stress arising from the expropriation of the scopon workplace.

In addition, considering the circumstances of the instant crime and the circumstances after the instant crime, etc., the lower court’s punishment seems to be somewhat heavy. Therefore, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Handphones after deducting 0.5g philophones listed in paragraph 1 of Article 67 of the Act on the Control of Narcotics, Etc., and 0.7679g 1g philophones seized in aggregate from 1.5g philophones listed in paragraph 3 of the holding.