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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Reasons
1. Sentencing the sentencing of the gist of reasons for appeal (the punishment by the court below shall be 1 year, confiscation, and collection);
2. In light of the addiction of the determined narcotics and the harm caused by administration of narcotics, etc., it is necessary to strictly punish and eradicate the crimes related to narcotics.
The crime of this case is that the defendant purchased philophones, administered philophones, carried philophones, and used philograms to her wife, and the crime of this case is not suitable in light of the content and frequency of the crime.
However, taking into account the following circumstances: (a) the Defendant acknowledges the entire crime of this case and reflects his mistake; (b) there is no history of criminal punishment exceeding the same criminal record and fine related to narcotics; (c) the victim does not want the punishment of the Defendant; (d) the degree of addiction to the Defendant’s penphones does not seem serious; (b) the volume and frequency of phiphones handled by the Defendant; and (c) the number of times the Defendant handled phiphones and the number of times the Defendant handled phiphones; and (d) other circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (which means the administration of phiphonephones, purchase, and possession of phiphones), Articles 261 and 260(1) (which means the occupation of special violence) of the Criminal Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.