1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

3. HSs 1, 2 and 3.

1. The summary of the grounds for appeal (one year of imprisonment, confiscation, and collection) imposed by the court below is undue.

2. The judgment of this case is that each of the crimes of this case administers psychotropic drugs once and possesses 0.86ggs in light of the time and quantity of the crime, and the liability for the crime is not less and less severe in light of the crime. Although there are unfavorable circumstances such as the fact that the defendant again commits the crime of this case even during the suspension of execution due to the violation of the Act on the Control of Narcotics, etc. (fence), the defendant is led to confession and reflect, the defendant is arrested by three narcotics-related persons by cooperating with the investigation of narcotics in the court below and the court below, and the defendant is arrested by three narcotics-related persons. The extent of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (a period of imprisonment between 1 and 4 years), and other factors of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered, the court below's sentence is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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 Control of Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;