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 summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and one hundred thousand won of additional collection) is too unreasonable.

2. The crime of this case is one-time medication of phiphonephones, and narcotics crimes need to be strictly punished with severe social harm and high risk of recidivism.

However, the defendant appears to have committed the crime of this case late at the trial, and the defendant's attitude against his mistake appears to be relatively clear; the defendant has no record of punishment for the same kind of crime; the social relation that can assist the defendant in the prevention of recidivism is likely to cause excessive difficulty to his dependants; when the defendant is detained for a long time, the defendant's age, character, conduct, intelligence and environment as shown in the argument of this case; the motive, process, means and consequence of the crime of this case; the circumstances after the crime of this case; the criminal records, family relations, economic circumstances; and the scope of recommended sentences (one to two years of imprisonment) set forth in the sentencing guidelines of the Supreme Court / [Determination of punishment] Types 3 (b) and (c) [the scope of recommendations and recommendations] [the scope of imprisonment with labor for the same kind of crime; the basic scope of imprisonment with prison labor for the defendant; the period from October to two years; and the social grounds for the defendant's excessive stay of execution; the court below's assertion that the defendant's punishment of this case is obviously 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 facts constituting a crime and evidence recognized by this court shall be as stated in the corresponding column of the reasoning of the judgment below.