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.

Summary of Grounds for Appeal

The punishment of the lower court (10 months of imprisonment, 100,000 won for additional collection) is too unreasonable.

2. The crime of this case, even though the defendant is not a person handling narcotics, is deemed to have administered approximately 0.03 g of psychotropic drugs in a different way on coffee, and the defendant is deemed to have committed the crime of this case, such as the fact that the defendant was not a person handling narcotics, and that there is no good quality in the crime of this case again during the period of repeated crime due to the same criminal record.

However, the Defendant recognized the instant crime and reflects on the fact that, in cooperation with the investigation of narcotics on behalf of the Defendant, the Defendant recognized that the circumstances favorable to the Defendant, such as the arrest of one person who administered a phiphone on behalf of the Defendant after the pronouncement of the lower judgment, and considering other circumstances, such as the Defendant’s age, character and conduct, character and environment, motive for committing the instant crime, and circumstances after committing the crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument 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 is with merit.

Criminal facts and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Relevant Acts concerning facts constituting an offense, and Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) of the Act on the Management of Narcotics, Etc. that are elective for Punishment

2. Article 35 of the Criminal Act among repeated crimes;

3. The proviso to Article 67 of the Narcotics Control Act.