The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. On December 2012, the lower court rendered a not-guilty verdict on the violation of the Act on the Control of Narcotics, Etc. (mariana) by a policeman on early December 2012 among the facts charged in the instant case, and convicted him of the remainder of the facts charged. As such, the lower court’s judgment that acquitted the Defendant

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

3. In the case of medication of narcotics, there is a need to strictly punish them as serious crimes undermining the social and national soundness due to their toxicity.

However, the court below's punishment is somewhat unreasonable in light of all the conditions of sentencing, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., as well as the fact that the defendant was punished for the same kind of crime for a considerable period of time, the fact that the defendant's will take advantage of the same kind of crime, the defendant's attitude, the defendant's desire to take advantage of the defendant's wife, etc., and cooperation in narcotics investigation such as informing an investigation agency of the defendant.

4. 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. Trading, possession, medication, and provision of phiphonephones under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts;