마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
A green gain containing seized marijuana.
1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (one year of imprisonment, confiscation, additional collection, and provisional payment order) is too unreasonable.
2. Narcotics, including judgment marijuana, are highly harmful to individuals and society as well as individuals due to their cryptability and toxicity.
Furthermore, the crime of this case is serious since the defendant purchased marijuana and sold it to another person, or possessed it in a smoking or remaining way.
The defendant has been sentenced to suspension of indictment for the same crime, and there is a reason to impose unfavorable punishment in that he/she committed the crime of this case without being among those who committed the crime of this case even though he/she had the record of being sentenced to suspension of execution within the short period of time.
However, considering the fact that the defendant recognized all of the crimes in this case, he reflects his mistake in depth, that the defendant is not a professional marijuana distribution business, that the defendant's parents are guiding the defendant to the defendant, and that the defendant also desires not to smoke marijuana again, and all of the sentencing factors in the arguments in this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, motive and circumstance of the crime, method and consequence of the crime, etc., it is judged that the punishment sentenced by the court below is too unreasonable.
The defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The point of trade of marijuana, for each relevant Article of the facts constituting the crime and each of the choice of punishment: each;