The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal that the court below sentenced the defendant (the penalty of imprisonment for August, 100,000 won) is too unreasonable.

2. In light of the social harm, etc. caused by the judgment-related crime, although the criminal liability of the defendant is not minor, the above punishment of the court below is deemed unfair considering all of the sentencing conditions of the case, including the following: the defendant voluntarily surrenders to the crime of this case and reflects his depth through confinement life, etc.; the defendant has no record of punishment for the same kind of crime in the past; the defendant has a disability of grade 4; the defendant has a disability of grade 4; the defendant is in a position to support his mother who is not healthy; the balance between similar other cases and the sentencing; the defendant's age, character and behavior, intelligence and environment; the motive and circumstance of the crime of this case; and the circumstances after the crime.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of 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 Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for the elective Punishment of Crimes;

2. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the reason for reversal);

3. Probation under Article 62-2 of the Criminal Act;

4. The proviso to Article 67 of the Act on the Control of Narcotics, etc.

5. Article 334 (1) of the Criminal Procedure Act.