The judgment of the court below is reversed.

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

No. 1 to 4, 6.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to two years, confiscation, and collection) of the lower court against the Defendant is too unreasonable.

2. As to the reasons for appeal, the judgment on the reasons for appeal requires a severe adverse effect on the society as well as the defendant himself/herself, and the defendant has the record of being punished for the same kind of crime.

It is reasonable to transfer philophones purchased by the defendant.

However, the Defendant recognized all of the crimes of this case and opposed thereto.

In most of the narcotics purchased, seizure was made during the investigation process of this case, and no other distribution was made.

The intention of the defendant is that the defendant is deadly dead.

It is also necessary to consider equity in similar cases.

In addition, in full view of all the sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the defendant's appeal of this case is with merit, so 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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. All the circumstances seen earlier prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.