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The judgment below
Of the judgment of the court below, the part concerning the third crime shall be reversed.
As to the third crime in the judgment of the court below.
Reasons
1. The summary of the grounds for appeal (the imprisonment of one year and two months, additional collection of 203,00 won, and the imprisonment of three months, additional collection of 10,000 won for each crime as set forth in the judgment of the court below) that the court below rendered is too unreasonable.
2. Determination
A. The fact that the defendant recognized all the crimes of this part of the judgment below regarding the grounds for appeal against the crimes of Articles 1 and 2 of the judgment below is favorable to the defendant.
However, in light of the following circumstances: (a) the crime of narcotics, etc. was committed by a person’s body and mind; (b) not only harm the public health; and (c) may cause another crime due to toxicity or decilation; and (d) the degree of harm that may affect society is very significant; and (c) the Defendant committed the crime of smoking, carrying of sculpphones, medication, etc. around March 2018; and (d) on June 26, 2018, after having been sentenced to imprisonment with prison labor for one year, suspended execution for three years, probation, etc. at the Busan District Court, and committed each of the crimes under Articles 1 and 2 of the judgment of the court below during the probation period; and (e) other circumstances, including the Defendant’s age, character and behavior, environment, circumstances of the crime, results, and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.
This part of the defendant's assertion is without merit.
B. The judgment of the court below as to the grounds for appeal as to the crime No. 3 in the judgment below is against the defendant's mistake while recognizing this part of the crime, and the crime No. 3 in the judgment of the court below is related to the crime of violation of the Act on the Control of Narcotics, etc., which was the first head recorded in the judgment of the court below as of October 11, 2018, and the latter concurrent crime of Article 37 of the Criminal Act, which is the crime of violation of the Act on the Control of Narcotics, etc., which is the first head recorded in the judgment of the court below as of October 11, 2018, it is necessary to consider equality with the case where