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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
10,000 won shall be collected from the defendant.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and four months of imprisonment, and additional collection) is too unreasonable.
2. The judgment of the defendant has the same record of punishment of 10 times (one time of fine and nine times of imprisonment) with the same force, the defendant committed the crime of this case in only two months after being sentenced to imprisonment for the same kind of crime (one year and six months of imprisonment), and after being released from the prison, all of the defendant's river and hairs (2-3.5 cm in length) were detected, and the defendant reported to an investigative agency on the administration of phiphonephones, but it appears to be in a short state. However, there are unfavorable circumstances such as the confession and rebuttal of the crime of this case; the crime of this case is committed one time of medication; the crime of this case is flin with multiple defendants; the health of the defendant becomes worse due to the administration of narcotics crimes; the punishment of this case; the scope of recommendations on the sentencing guidelines of the Supreme Court for the crime of this case [basic crime: the punishment of this case, such as medication, simple possession (3(b)(a) of narcotics crimes; the punishment of this case); the defendant's age, motive and motive and motive of this case; 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 as stated in each corresponding column of the reasoning of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2 and Article 4 (1) of the Act on the Control of Narcotics, Etc. for Crimes and the Selection of Punishment for Specific Crimes;