The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Considering the fact that the offense involving narcotics is an offense that causes the degradation of individuals, homes, and society as a whole, and requires strict countermeasures, the Defendant has the history of punishment for the offense related to marijuana in 2001, and the Defendant’s possession of a large quantity of marijuana in addition to the philophone medication, etc., it is necessary to strictly punish the Defendant.

However, in full view of the fact that the amount of penphones handled by the defendant is extremely small, that there has been no history of punishment for the same crime for not less than 15 years after the same kind of force of the defendant, that there has been an opportunity to reflect seriously through confinement life near six months, that there is a lot of family members to support, and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, health condition, etc., the sentence of the court below is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of administration of phiphones: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.;

(b) Possession of marijuana and the point of smoking: Articles 61 (1) 4 (a) and (b), 3 subparagraph 10 (a) and (b) of the Narcotics Control Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Management of narcotics, etc. additionally collected;