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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
The seized white paper contains a seized white paper.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable;
2. The judged narcotics-related crimes are detrimental to the health of the people and have a significant negative impact on society as a whole due to their cryptability, toxicity, etc.
Defendant has been punished several times for the same crime, and committed the crime of this case again during the period of repeated crime.
However, the defendant is against all of the crimes of this case.
The defendant cooperationd with the investigation of the narcotics offender by the investigation agency.
The family members of the defendant want to take the action against the defendant.
In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.
The defendant's assertion of unfair sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be ruled as follows
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. The scope of punishment by law: One month to thirty years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) each;