The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. The gist of the reasons for appeal is that the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, 40 hours of pharmacologic treatment, community service work 120 hours, confiscation and collection 300,000 won) is too unfluent and unreasonable.

2. As to the part of ex officio forfeiture, the court below held that the above mobile phone is not a "equipment" used for a crime related to narcotics, etc., just because the defendant used the above mobile phone, which he had been possessed and used for the purpose of communicating with the other party in each of the crimes of this case, and it cannot be deemed as a necessary confiscation under Article 67 of the Narcotics Control Act on the sole basis of the evidence submitted by the public prosecutor, and further, considering the above circumstances, it does not constitute a necessary confiscation under Article 48 (1) 1 of the Criminal Act on the ground that it is insufficient to view that the above mobile phone is subject to voluntary confiscation under Article 48 (1) 1 of the Criminal Act.

The following circumstances are as follows: (a) the Defendant, at the time of being arrested in the instant case, possess three mobile phones of subparagraphs 1 through 3 of the said evidence and voluntarily submitted it to the police; (b) the Defendant first police, without using the cellular phone of subparagraph 2 of the remainder other than those of subparagraph 1 of the card being used (galthothly 7) and the cellular phone of subparagraph 3 of the card (halth 7).