The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In full view of the following factors: (a) although the Defendant was sentenced to a previous sentence of imprisonment with prison labor, the Defendant is deemed to have committed the instant crime; (b) the Defendant appears to have committed the instant crime in a contingent manner; (c) the Defendant seems to have committed the instant crime; (d) the Defendant has been able to refrain from committing the same kind of crime in depth and again; and (e) the Defendant actively cooperated in the investigation process, such as stating the supply policy of the said penphones; and (e) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the sentence imposed by the lower court against the Defendant is deemed to be too unreasonable, and therefore

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 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 imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc., concerning the medication of philophones with heavy penalty) among concurrent crimes;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;