The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one hundred months of imprisonment and confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the records first show that the seized “two main plates of industrial swine” (No. 1), “one main sheet of industrial swine (No. 2),” and “one vinyl paper” (No. 3) are requested to the National Scientific Investigation Agency to provide appraisal, and are not already discarded and existing after the said researcher’s appraisal. However, the court below sentenced the forfeiture of the above seized articles that have not been already destroyed and still remains. Thus, the court below erred by misapprehending the legal principles on forfeiture, which affected the conclusion of the judgment.

(2) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment of the court below is reversed in accordance with Article 364(2) and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders reflects his/her crime through the life of custody for not less than three months and repents. On the other hand, the inhalement of hallucinogenic substances is a crime detrimental to social and national soundness due to their toxicity, and the criminal defendant has been punished 14 times as punishment for the same crime, one time as suspended execution, and one time as medical treatment and custody has been executed.