The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. In light of the fact that the Defendant was sentenced to a suspended sentence of ten months for the same kind of crime in 2005 and the fact that the Defendant’s act of medication of narcotics requires strict punishment and eradication, etc. in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the Defendant’s act of medication is disadvantageous to the Defendant.

However, it appears that the defendant led to the confession of the crime of this case and divided his mistake into several factors, including the defendant's age, character and behavior, motive of the crime of this case and circumstances after the crime, etc., which are relatively old criminal records, the defendant's criminal records are relatively old, the defendant was informed of his superior line during the investigation process to cooperate in arresting him, the defendant appears to have been living in a relatively sincere and sincere manner with his wife, the defendant's wife and children are living together with his wife, and the defendant's wife and children are under detention for about two months in this case, and the defendant seems to have an opportunity to reflect his mistake. In full view of all other factors such as the defendant's age, character and behavior, motive of the crime of this case, and circumstances after the crime, the sentence of imprisonment is too excessive.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

1. Circumstances favorable to the defendant among the reasons for reversal as stated earlier of Article 62(1) of the Criminal Act.