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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 1 and 2 of seized evidence shall be charged to the defendant.
Reasons
1. The summary of the grounds for appeal that the court below imposed on the defendant (one hundred months of imprisonment, confiscation, and collection) is too unreasonable.
2. Although there are unfavorable circumstances, such as the fact that the defendant has been punished once (one-time suspension of execution) for the same crime, there is no history of criminal punishment other than a fine of KRW 100,000 as a result of the violation of the Military Service Act since the defendant was punished for the same kind of crime in 1999, there is no history of criminal punishment other than a fine of KRW 100,000 as a result of the violation of the Military Service Act, the defendant reflects his mistake after the crime in this case, and voluntarily surrenders himself to an investigative agency. The defendant clearly expresses his will, the scope of the recommended punishment according to the Supreme Court sentencing guidelines for each of the crimes in this case [basic crimes and 1, 2nd concurrent crimes: the three types (3) such as medication and simple possession of narcotics crime group, each mitigation element of punishment, self-denunciation, each area of mitigation, reduction of punishment, the defendant's motive and behavior in this case's remaining grounds for punishment, etc.
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
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2 and Article 60 (1) 2 of the Act on the Control of Narcotics, Etc., for which relevant Article of the Act and the selection of punishment are applicable