The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for six years.

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (eight years of imprisonment) shall be too unreasonable;

2. The judgment of the court of first instance became final and conclusive prior to the judgment on the grounds of appeal on the grounds of appeal, and the previous name of the crime was changed from the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", and applied for changes in the indictment to delete "Article 11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" from the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes. Since

3. If so, the judgment of the court of first instance is based on the grounds for ex officio reversal, and thus, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as those stated in each corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 (1) 6, and Articles 4 (1) and 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. From among concurrent crimes, the crimes related to narcotics, etc. with the reason for sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes within the scope of the proviso of Article 42 of the Criminal Act, which is set forth in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has a heavier degree of penalty for concurrent crimes] are crimes involving personal physical and mental health,