The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two months of imprisonment and two hundred thousand won of surcharge) is too unreasonable.

2. The administration of narcotics, which is judged, is a serious crime that causes serious harm to the social and national soundness due to their toxicity, and the criminal defendant committed the instant crime even if he had the same criminal record, is disadvantageous to the criminal defendant.

However, considering the fact that the defendant was living in custody for not less than three months in depth and reflects his mistake in depth, that the amount of philophones administered by the defendant is not much large, that the criminal defendant was sentenced to imprisonment in 2002, that there was no record of punishment for the same crime for not less than 10 years, that there was no record of punishment for the crime of this case, that the defendant's health condition and family situation is not good, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, environment, etc. as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore 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 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

1. Article 62 (1) of the Criminal Act on Suspension of Execution;

1. Probation and education order under Article 62-2 of the Criminal Act, and probation;