The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

A person who smokes seized marijuana.

1. Summary of grounds for appeal;

A. Fact-finding E or F’s demand for narcotics is consistent, but it does not constitute sales since it did not intend to gain profit or profit.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for ex officio appeal, and then changed Article 1-2(b) of the facts charged to the prosecution as follows.

[B. 1] On May 18, 2017, the Defendant issued approximately 0.22 g of philopon to E on the street in the Dongducheon-si D Market around 14:10 on May 18, 2017, and purchased and sold philopon by receiving KRW 90,000 from the Dong.

2) On August 26, 2017, the Defendant: (a) transferred KRW 700,000 from F to F to request writingphones; (b) promised to contact G to purchase writingphones; and (c) remitted KRW 700,000,000 to G; (c) around the same day, G purchased writingphones by means of receiving parcels containing approximately 1.8g of the logphones sent from I located in Nam-gu Incheon Metropolitan City H to bus line; and (d) sold 1.5g (1.5g (1.5g) of the logphones purchased from K, located in Dongducheon-siJ in the following day by delivering it to the above F.

【Post-Change 【B. The Defendant provided Handphones by delivering approximately 0.22 g of Handphones to E on the street in the Dongducheon-si D Market on May 18, 2017.

(c)

On August 26, 2017, the Defendant received KRW 700,000 from F to request the purchase of phiphones, agreed to contact G to purchase phiphones, and remitted KRW 700,000 to F. At around the same day, the Defendant received parcels containing approximately 1.8g of philophones sent by G from I located in Nam-gu Incheon Metropolitan City to a bus-based line, and then delivered the amount of KRW 1.5g of philophones purchased from the above on the street side in Dong-gu, Seoul Metropolitan City, 01:30 on the following day.