The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

No. 1 of the seized evidence shall be confiscated.

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant was sentenced to seven times of punishment for a crime related to narcotics (one time of punishment, three times of suspended sentence, three times of suspended sentence), and in particular, the instant crime was committed by the Defendant with one year of imprisonment for the same kind of crime and with one year from the end of the execution of the sentence on December 13, 2016, while the Defendant was a repeated crime period after the completion of the sentence on December 13, 2016, it is inevitable to punish the Defendant, in light of the fact that the Defendant was committed without 20

However, the crime of this case was administered and possessed once, and the defendant recognized and reflected each of the crimes of this case, and the defendant did not repeat again.

In full view of the circumstances favorable to the defendant, such as the fact that two narcotics-related offenders were informed of the fact that materials causing arrest have been submitted to the police, and the circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the age, environment, sex, motive of the crime, and circumstances before and after the crime, the punishment sentenced by the court below is recognized as unfair.

3. Since the defendant's appeal is with merit, 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 again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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 Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

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

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

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