The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

3.2

1. The decision of the court below on the summary of the reasons for appeal (one hundred thousand won imprisonment and one hundred thousand won additional collection) is too unreasonable.

2. It is recognized that there is a record of punishment for the defendant as a suspended sentence and a fine on several occasions due to the same crime, and that the defendant commits the same kind of crime again during the suspended sentence period, and that there is no good quality of the crime.

However, considering all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, motive, background, means, method and consequence of the crime, criminal record, circumstance before and after the crime, etc., the sentence imposed by the court below is somewhat inappropriate, and thus, the defendant's assertion of unfair sentencing is justified. The defendant's assertion of unfair sentencing is justified.

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 of this case is based on its reasoning, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;