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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
For a period of 10 years, the information on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for the attachment order (hereinafter referred to as “Defendant”) (hereinafter referred to as “Defendant”), an unreasonable sentencing sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.”) is too unreasonable.
나. 검사 ⑴ 피고사건 ㈎ 몰수 누락 부당 증 제3호는 피고인이 체포되던 당시에 소지하고 있던 약품으로 이 사건 범행에 사용된 것으로 볼 수 있음에도 이를 몰수하지 아니한 원심의 판단은 부당하다.
㈏ 양형부당 원심이 피고인에 대하여 선고한 형은 너무 가벼워서 부당하다.
The judgment of the court below that dismissed the prosecutor's request for attachment order even if the defendant's request for attachment order was accepted as a risk of recidivism.
2. Determination on the part of the defendant's case
A. (i) As the confiscation under Article 48(1) of the Criminal Act is discretionary, the issue of whether to confiscate even an article that meets the requirements for the confiscation is left at the discretion of the court.
(2) In light of the aforementioned legal principles and legal principles, the court below’s failure to take any measure against the above confiscated materials cannot be deemed unlawful or unjust, in light of the following: (a) the court below’s finding that the above confiscated materials did not constitute the crime of this case but did not constitute the crime of this case; and (b) the Defendant provided or intended to provide the seized materials; (c) even if the Defendant was deemed to have intended to provide the seized materials of this case, there was no objective data to find that the Defendant would pose a high risk of re-committing the same kind of crime by using the seized materials of this case; and (d) the court below’s finding that the aforementioned confiscated materials cannot be deemed to have been unlawful or unjust, in light of the aforementioned legal principles and legal principles.
In the end, this is eventually.