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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
one divers (Evidence No. 2), seized one divers (No. 2);
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the original judgment (one year of imprisonment) is too unreasonable.
2. The judgment of the defendant has the record of being punished several times for the same kind of crime, and commits the crime of this case even though it is a repeated crime due to the same kind of crime, and narcotics are highly likely to undermine the social and national soundness due to their toxicity, and thus, there is a great need to strictize narcotics-related crimes.
However, there are extenuating circumstances, such as the fact that the defendant repents his mistake in depth and lives in good faith, the fact that the defendant actively cooperates in the investigation of narcotics crimes, especially the fact that the public protocol for the defendant's cooperation in the investigation was additionally submitted at the trial. The crime of this case according to the sentencing guidelines established by the Supreme Court sentencing committee: Type 2 (b), including the group of narcotics crimes, the range of recommendations for the crime of this case: Type 1 (c) and the special sentencing factors (such as: the important cooperation, the same kind of criminal records), the decision on the area of recommendations (one year or two years), the scope of sentence (one year or two years), the range of sentence (one year or more), three types, such as drug crimes, the military administration, medication and simple possession (one year or more), the area of punishment (one year or more), the special sentencing factors (one year or more), the area of punishment, the number of years or more, the basic sentencing factors (one year or more), the scope of punishment and the basic sentencing factors (three years or more), the scope of punishment).
3. As the defendant's appeal has merit, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
Criminal facts
(e).