1. The judgment below is reversed.

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

3. Seized evidence 1 through 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 the defendant provided psychotropic drugs to another person or administered them on his own, and held approximately 4.57g of psychotropic drugs, and the responsibility for the crime was not mitigated. Although there are unfavorable circumstances such as the fact that the defendant had been punished for the same kind of crime in the past, the defendant confessions and reflects the defendant, the crime related to narcotics is 15 years prior to the defendant's investigation cooperation, two narcotics medications are arrested, the defendant's family members are administered on the basis of current urology, high blood pressure, and C infection, and other favorable social ties, such as the defendant's family members are relatively clear, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (one-third year, October, 38) and the age, character, environment, motive, means and consequence of the defendant's crime, the records and circumstances of the crime in this case are considered, and the judgment of the court below is recognized as unfair.

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. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. (the provision of scopons, medication, and possession of scopons) concerning facts constituting an offense, and the choice of imprisonment with prison labor, respectively;