The judgment of the court below is reversed.

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

Seized evidence subparagraph 1 shall be confiscated.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment and one hundred thousand won of collection) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

In addition, the lower court omitted the sentence of forfeiture for injection (Evidence 1).

2. The main text of Article 67 of the Act on the Management of Narcotics, Etc., which provides that “the narcotics, temporary narcotics, and facilities, equipment, funds, or means of transport provided for a crime as provided for in this Act, and profits therefrom shall be confiscated,” and the court that satisfies the requirements shall, without fail, declare confiscation.

According to the evidence duly admitted and examined by the court below, each injection referred to in subparagraph 1 of Article 67 can be acknowledged as constituting the equipment provided by the defendant for committing a crime of philophone medication as stated in the facts charged in this case. Thus, the above seized article is subject to the necessary confiscation pursuant to the main sentence of Article 67 of the Narcotics Control Act.

Nevertheless, the court below erred by omitting the confiscation of the above confiscated articles, and the prosecutor's assertion pointing this out is with merit.

3. If so, the appeal on the prosecutor’s omission of confiscation is with merit. Thus, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the defendant and the prosecutor’s allegation of unfair sentencing, and the judgment is again rendered as

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3

Application of Statutes

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics, etc.;