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 main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant, prior to the instant crime, committed a different type of crime, but has been punished several times (three times of suspended execution of sentence, three times of fines), and that the Defendant smokes marijuana other than the philophone medication, and that the amount of philophones handled is not much significant.

However, in light of the fact that the defendant has no history of being punished for the same crime in the past, and that he/she is able not to smoke again while making a confession of each of the crimes of this case and reflects his/her depth in the near custody for four months, and that he/she would not smoke again, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior and environment, are somewhat 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 the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and 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, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Article 60 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the same Act on the Management of Narcotics, etc. for the Prevention of Criminal Facts and the Selection of Imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. in light of the grounds for reversal);

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Matters concerning the management of narcotics in addition to collection;