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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than two years and six months.
No. 3, 4, 6 of seized evidence.
Reasons
1. The sentence of each of the court below against the defendant in summary of the grounds for appeal (No. 1: imprisonment for 8 months, and imprisonment for 2 months: imprisonment for 1 year and 6 months, and imprisonment for 3 months: 10 months) is too unreasonable.
2. This Court, ex officio, decided on the judgment of the court below of Daejeon High Court, 2017No. 255, and the Daejeon High Court, 2017No. 324, the Daejeon High Court, 2017 No. 3175, 2016, and the Daejeon District Court, 2017No. 3123, 2017, (the appeal case of the judgment of the court of Grade 3) was changed to the above case according to the consolidated trial decision of the court of this case.
Each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus a single sentence should be punished within the term of punishment subject to aggravated punishment under Article 38 (1) of the Criminal Code.
In this respect, the judgment of the court below cannot escape from destruction.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited 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., and Articles 59 (1) 7, 3 subparag. 7 (the point of the trade of marijuana) of the Act on the Management of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) of the Act on the Management of Narcotics, etc., and Article 2 subparag. 3 of the Act on the Management of Narcotics, etc., [the fact of crime is the administration of mert cancer (hereinafter referred to as "per-copon"), the sale, and delivery of mert copon (hereinafter referred to as "per-copon"), each of which is imprisonment]
1. Aggravation of repeated crimes under Article 35 of the Criminal Act (limited to the proviso of Article 42 of the Criminal Act for the crimes of violation of the Narcotics Control Act);