The judgment of the court below is reversed.

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

10,000 won shall be additionally collected from the defendant.

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

2. In light of the fact that the Defendant committed the instant crime and committed the instant crime again even though he/she was punished by a fine and sentenced to the same offense during the period of repeated crime in around 2012, the sentence to the Defendant is inevitable.

However, in full view of the following factors: (a) the Defendant appears to repent and reflect his mistake; (b) the number of times the Defendant administered the Meptian, etc. is only one time; (c) the Defendant’s health is not very good due to Meptam, etc.; (d) there are circumstances that may be considered in the motive of the Defendant considering the administration of the Mepta for the purpose of relaxinging the pain caused by Meptam; (e) the Defendant’s wife and children want to take the lead of the Defendant; and (e) other factors that are conditions for sentencing, such as the Defendant’s age, character and conduct, motive for the instant crime, and conditions after the crime, etc., the lower court’s punishment is too unreasonable.

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