The judgment of the court below is reversed.

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

No. 1 of the seized evidence shall be charged to the defendant.

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) although the Defendant did not know even though he was in a repeated crime, there is an unfavorable condition that the Defendant committed the instant crime without being aware of it; (b) the Defendant agreed with the victim of the damage to property; (c) the Defendant provided cooperation with the investigation by informing him of the person who sold the Mepta, etc. of the motive and background of the instant crime; (d) the circumstances after the commission of the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) taking into account various circumstances, the sentencing of the lower court is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of the administration of mert cams) of the Act on the Control of Narcotics, etc., Article 366 of the Criminal Act, and choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

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