The judgment of the court below is reversed.

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

The seizure of articles 3 through 7 shall be confiscated.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and two months, 3 through 7, 400,000 won for confiscation) of the lower court is too unreasonable.

2. The fact that the defendant had a prior record of one-time suspended sentence due to the administration of phiphonephones, that the defendant committed the instant crime during the period of suspended sentence due to this type of crime, and that there is a high risk of undermining public health and social safety, and that there is a strong need to punish relevant crimes, etc. are elements for sentencing disadvantageous to the defendant.

However, the fact that the Defendant recognized each of the crimes in this case, and that the Defendant voluntarily surrenders to the purchase and medication of a separate phiphone in this court, and that the person who purchased and administered the phiphones and sold the phiphones, cooperates with the former North Korean Police Agency to conduct an investigation into the said suspect, etc., is an element for sentencing favorable to the Defendant.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed 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 is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;