The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one hundred months of imprisonment and two hundred thousand won of additional collection charges) is too unreasonable.

2. The administration of narcotics, which is judged, is a serious crime that causes serious harm to the social and national soundness due to their toxicity, and the criminal defendant committed the instant crime even if he had the same criminal record, is disadvantageous to the criminal defendant.

However, the court below's punishment is too unfair in light of the following factors: the defendant's mistake is divided in depth through the life of four months of detention, the defendant's quantity of penphones received and administered by the defendant is not large; the defendant's information during the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court; the defendant's intention to actively cooperate in the investigation of the person who committed narcotics and to stop the narcotics; the defendant's previous conviction was sentenced to a fine in 195, and there was no record of punishment for the same kind of crime until he commits the crime in this case until he commits the crime in this case, there is no child to support, and other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing such as the defendant's age, character and behavior, environment, etc.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Matters concerning the relevant Article of facts constituting an offense and the management of narcotics selected for punishment;