The part concerning the crime Nos. 2 and 3 of the judgment of the court below shall be reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 2 and 3.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence of the lower court (the first crime: imprisonment for 6 months, 2 years of suspended sentence, 3,00 won additional collection, 2, 3:00 won: Imprisonment for 10 months, 3,00 won additional collection) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the part of the crime No. 1 of the judgment.

However, the lower court, however, seems to have determined the punishment by taking account of equity with the case where the judgment is to be rendered simultaneously with the case where the judgment had already become final and conclusive, and taking into account all the favorable circumstances of the Defendant as shown in the records and pleadings of this case, and it cannot be deemed that this part

B. The part of the crime Nos. 2 and 3 of the judgment was committed by the Defendant for the same crime, but the Defendant has been punished several times during the period of suspension of execution, and is more severe.

However, in full view of all the sentencing conditions including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the sentence of this part of the lower court is somewhat unreasonable, taking into account the following factors: (a) where the Defendant is sentenced to a punishment for this part of the crime, the suspension of execution should be invalidated; (b) the frequency of smoking in marijuana is not much high; and (c) the number

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the part concerning the crime Nos. 2 and 3 of the judgment in the defendant's appeal is with merit, and it is again decided as follows. The part concerning the crime No. 1 of the judgment is dismissed pursuant to Article 364(4) of the Criminal Procedure

[Judgment used again for the crimes of Articles 2 and 3 at the time of sale] The summary of the facts constituting the crime and the evidence acknowledged by the court, and the summary of the evidence, are the same as the corresponding column of the part concerning the crimes of Articles 2 and 3 in the judgment of the court below, and thus, they shall be quoted in accordance with Article 369 of the

Application of Statutes

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