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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
evidence of seizure.
Reasons
1. The defendant asserts that the gist of the grounds for appeal is improper because the court below's imprisonment (one year and four months of imprisonment, confiscation and collection KRW 700,000) is too unreasonable.
2. In view of the fact that the judgment-related crime is highly harmful to society and the risk of recidivism, each of the crimes of this case is committed during the repeated crime period for the same kind of crime, and the defendant has the record of punishment several times for the same kind of crime, it is inevitable to sentence the defendant as a sentence.
However, the court below's punishment is somewhat inappropriate in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the argument and the record of this case, such as the submission of data that the defendant has cooperated in the investigation related to narcotics, and the family members who will support the defendant.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;