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 is too unreasonable that the sentence imposed by the court below on the defendant (a prison term of eight months, additional collection of one hundred thousand won) is too unreasonable.

2. It is recognized that the Defendant again committed the instant crime of the same kind despite the fact that he had been sentenced to a suspended sentence of six months on October 12, 2001 due to a violation of the Act on the Control of Narcotics, Etc. (a crime of violation of the Act on the Control of Narcotics, Etc.) even though he had been sentenced to a suspended sentence of two years on October 12, 200, the Defendant was a violent crime in 203 and

However, considering the fact that the Defendant had no record of punishment for narcotics-related crimes since 2001, and there was no record of crime since 2005, the quantity and frequency of the instant phiphone medication are merely a simple one-time medication of 0.03g, the Defendant voluntarily surrenders to the investigative agency; the Defendant’s self-denunciation is against the Defendant’s depth during his prison life for more than four months; and other various circumstances, which are the conditions for sentencing specified in the records and arguments of the instant crime, including the motive and background leading up to the instant crime, the Defendant’s age, character and conduct, environment, health conditions, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and 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 Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. in light of the grounds for reversal);

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

1. Collection of narcotics;