The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and one hundred thousand won of collection) is too unreasonable.

2. In the case of medication of narcotics, there is a great need to punish them as serious crimes undermining the social and national soundness due to their toxicity.

However, considering the fact that the defendant is living in prison for about four months, there is no previous charge against the defendant, the fact that the defendant does not have a large amount of penphones administered by the defendant, the fact that the relationship between the defendant's family members is obvious, and other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc., as shown in the records and arguments of this case, the sentence of the court below is 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;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

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