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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.
Nos. 3 through 5 of seized evidence.
Reasons
1. The sentence of the lower court (one year of imprisonment, confiscation and collection) against the Defendant on the summary of the reasons for appeal is too unreasonable.
2. The circumstances unfavorable to the defendant are as follows.
The defendant from June 9, 2017 to the same year.
7. From C up to 16. 8 times until C purchased a Metecopty (the cophophone) and purchased a Mecopty from C even after the dismissal of the request for detention warrant related to the charge of administration of Mecopty, as well as the number of times to commit the crime by administering Mecopher two times. This is not the case where the nature of the crime is less than that of the Mecopty.
The conditions favorable to the defendant shall be as follows:
Defendant has no record of being punished for the same crime as this case, and there is no record of punishment exceeding a fine.
In addition, the defendant is not only the confession and reflect of all of the crimes of this case, but also the purchase of Mepta for a simple medication. Family members of the defendant want to be the defendant's prior action.
In addition, in full view of all the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, sex, environment, and circumstances after the crime, the sentence sentenced by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the relevant column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the purchase and medication of phiphones, and the selection of each imprisonment with labor);
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.