The judgment of the court below is reversed.

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

385,000 won shall be additionally collected from the defendant.

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The sentence imposed by the court below is too unreasonable in light of the defendant's age, sexual behavior, motive, motive, frequency of crime, method of crime, circumstances after crime, etc. in light of the following circumstances: (a) considering the fact that the defendant is led to the confession and reflect of the judgment; (b) the amount of the penphones administered by the defendant is not large; (c) the person who is a family member to support the defendant; and (d) the fact that the defendant cooperates with the investigation of the D selling the penphones at his own expense that the defendant submitted in the trial; (c) the fact that the defendant has been punished for the same kind of crime; and (d) the fact that the defendant has a high possibility of criticism compared to the simple administration of the crime by arranging the purchase and sale of the penphones; and (d) the sentence imposed by the court below is too unreasonable. Therefore, the defendant'

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 with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

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