The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. The Defendant, regardless of his/her will, was issued with a philophone and temporarily kept the philophone in custody, and had an intention to return the philogram to the Defendant to the extent of two hours.

shall not be deemed to exist.

B. The sentence of the lower court (an additional collection of KRW 8,100,000,00) that is unfair in sentencing is too unreasonable.

2. The crime of violation of the Act on the Control of Narcotics, Etc. due to the Number of Narcotics, Etc., which is judged as to the assertion of misunderstanding the legal principles, is established immediately after being recognized that it is narcotics, etc., and the defendant, which is recognized by the court below and the evidence duly admitted and investigated by the court below and the court below, that is, the defendant, even prior to the instant case, had been issued with a philopon by F, was sealed with a plastic paper containing a philopon without any word, but the defendant did not refuse to know that it is a philopon, but received it without being aware that it was a philopon, and the defendant, as argued by the defendant, sent a philopon to nearby singing together with F, and returned a philopon and a philopon.

Even if the defendant was delivered, there was an objective reason that the defendant could not immediately return philophones.

Comprehensively taking account of the fact that it is difficult to see that there was an intentional act on the part of the Defendant.

Since it is recognized, the above argument of the defendant is without merit.

3. As a matter of determining the unfair argument of sentencing, narcotics crimes are likely to cause the degradation of individuals, homes, society, and human beings as a whole, and thus, constitute a social pathology beyond individual criminal acts, the need for strict punishment, etc. is an element unfavorable to the sentencing.

However, according to the testimony of the witness H of the trial court, the defendant did not administer philophones issued by him, according to the fact that the defendant was suspended from indictment for the same crime, and there was no previous conviction except twice a fine due to the same type of crime.