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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
The seized mocoke 150ghh.
Reasons
1. The punishment (No. 1 year of imprisonment with prison labor for the first instance court, and No. 2 month of imprisonment for the second instance) declared by the court below on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below
3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is so decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 3 of Article 58 and Article 43 (1) of the Toxic Chemicals Control Act (the point of inhaleing hallucinogenic substances and the point of possessing hallucinogenic substances for inhaleing them), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning a crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (non-measures after an accident), and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D with the largest penalty);
1. Selection of each sentence of imprisonment;
1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes;