The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below is inappropriate in light of the fact that the defendant again committed the crime of this case, although he had been sentenced to a suspended sentence of 2 years on July 29, 2002 by the crime of the Act on the Control of Narcotics, etc. (the law enforcement of the Act on the Control of Narcotics, etc.) and had been sentenced to a suspended sentence of 8 months on the same day, the defendant has no record of criminal punishment other than the above criminal records; the defendant recognized all the crime of this case; the defendant reflects his wrongness during the prison life of 5 months or more; and other various circumstances, which are the conditions of sentencing specified in the records and arguments of this case, including the defendant's age

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 (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the administration of phiphones, purchase and delivery of phiphones), and selection 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. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

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

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