The judgment of the court below is reversed.

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

Seized 0.49g (No. 2) shall be confiscated.

1. The decision of the court below on the gist of the grounds for appeal (the punishment of imprisonment of one year, the death penalty of 2, 625,00 won) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant’s each of the crimes of this case, which the Defendant purchased and possessed a penphone after receiving and administering a penphone from others, is disadvantageous to the Defendant; (b) the Defendant recognized the crime of this case and reflects against the Defendant; and (c) the Defendant has no record of being punished for the same kind of crime; and (d) comprehensively considered the Defendant’s age, sexual behavior, environment, etc. and other various sentencing conditions shown in the records and arguments, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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 legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the Selection of Imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc. due to the administration of poponon, of the largest scopon];

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

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. [105,00 won (0.35g) 1,000,000 won (1g) - 480,000 won (0.48g) = 625,00 won];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) the first offence (sopon medication).