The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 4 shall be forfeited from the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 10 months of imprisonment and 4 months of punishment) is too unreasonable.

2. Although the Defendant had been subject to punishment five times for a crime involving narcotics, etc., he/she cannot be deemed to have committed the instant crime during the period of the same repeated crime, even though he/she had been subject to punishment five times for a crime involving narcotics, it cannot be deemed that the Defendant committed the instant crime, but the content of the instant crime is deemed that he/she possessed marijuana in the amount of smoking once, and is different from that of the previous narcotics related to phiphones, and it is also necessary to consider the balance with

Considering the above circumstances, the lower court’s punishment is deemed unfair on account of various circumstances as conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and post-crime circumstances, and in particular, the Defendant is responsible for taking care of dementia due to cerebral diseases.

Therefore, the defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated 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 Articles 61 (1) 4 (b) and 61 (1) 4 (b) and 61 (1) 4 (a), subparagraph 10 (b) and 10 (a) (the possession of marijuana for smoking) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the purpose of smoking;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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