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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
seven divers (No. 8) for a single-use, seized.
Reasons
1. The sentence imposed by the court below (six years of imprisonment) on the defendant is too unreasonable.
2. The crime of this case is a matter of taking property by threatening a person with a deadly weapon during a short period of time by treating three kinds of narcotics in substantial quantity, purchasing, etc., and the nature of the crime and the attitude of the crime are inferior. The general social adverse effects due to the handling of narcotics, etc. in this case are very high due to the use of narcotics, and the social risk of the crime itself, such as robbery, etc. caused by the use of narcotics, and the mitigation of mental and physical disability is applied to the crime of special robbery. However, since the defendant himself/herself administered narcotics, it cannot disregard the possibility of criticism because it is the result of the defendant's administration, and the defendant committed the crime of this case within the period of repeated crime without completing a long period of punishment as a crime of robbery, it is inevitable to punish the defendant.
However, in full view of all of the sentencing conditions, including the defendant's age, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, the sentence imposed by the court below is recognized to be unfair, since it is recognized that the punishment imposed by the defendant is unfair, since it is recognized that the punishment imposed by the defendant is unfair, since it is recognized that the punishment imposed by the court below is unfair. The defendant's assertion is reasonable since it is recognized that the defendant does not handle narcotics for the purpose of distribution. The result of human life damage, etc. has not occurred due to the crime of this case, the defendant wanted the defendant's wife by mutual consent with the victim of special robbery.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.