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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. In light of the addiction of the judgment and the harm caused by medication of narcotics, etc., the crime of narcotics need to be seriously punished and eradicated, and the Defendant has a criminal record that has been punished several times due to the scambling, etc., is disadvantageous to the Defendant.
However, the punishment imposed by the court below is unreasonable in light of the favorable circumstances such as the defendant's confession of the crime of this case, the defendant did not have any record of being punished for the crime of this case, the crime of this case does not have a large amount of philophonephones handled by the defendant once medication, it is difficult to view that the crime of intrusion upon residence and damage to property was committed in a state of restitution, and the victims of each of the above crimes do not want punishment, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, and the records and all of the sentencing conditions shown in the arguments of this case, such as the records and arguments of this case, etc.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Criminal Act, the suspension of execution;