The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

One for divers (Evidence No. 1) seized.

1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics offenders; the defendant has the history of criminal punishment five times for the same crime; the defendant was sentenced to imprisonment on February 6, 2014 to the same crime; the defendant committed the crime in this case even though he had completed the execution of the sentence on February 6, 2014; the result of the maternity appraisal shows that the defendant's phiphone addiction seems not to be less easily considering that he was caused by reaction; on the other hand, the defendant reflects the mistake in the confession of the crime in this case; the quantity of the philphone handled by the defendant is relatively low; the defendant actively cooperated in the investigation of narcotics suppliers (one life line) at the time of the investigation by an investigative agency; the defendant's living together reported to the defendant for the purpose of treating the defendant; the defendant's possession of the crime in this case to the extent of the basic types of crimes in this case; and the guidelines for sentencing (the guidelines for sentencing of the Korean Supreme Court).

In consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the commission of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable, considering all of the sentencing conditions stated in the instant records and arguments, such as the following: (a) the recommended type of basic crime (basic area, aggravated factors - previous and previous crimes within three years, mitigation factors - important investigation cooperation): the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) the punishment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.