마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence (three years of imprisonment (four years of suspended execution and four years of suspended execution) imposed on the Defendant by the lower court is unreasonable.
B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfasible and unfair.
2. The summary of the instant crime is as follows: (a) the Defendant smoked from Luxembourg Angeles (hereinafter referred to as “LA”) on six occasions from April 2019 to August 30, 2019, respectively; (b) took over or purchased for payment from LA through four occasions at around August 29, 2019; (c) 20 marijuana car stops, 37 hemps, 130 marijuana diesels, and 130 marijuanas on board the aircraft and imported them by entering the Incheon State on September 1, 2019.
Narcotics, including marijuana, are highly harmful to individuals as well as society as individuals due to their halluity, toxicity, etc.
In particular, in the case of marijuana import crimes, there is a high need to strictly cope with narcotics crimes that have recently been rapidly expanded internationally and systematically in order to protect society and its members.
The amount and size of marijuana carbage, marijuana ground, and marijuana diesel, which the defendant smoked or received, or imported into the Republic of Korea, shall not be deemed small.
The above is the circumstances unfavorable to the defendant.
On the other hand, it was intended to not repeat the crime with the view to all the crime.
The defendant is an elementary offender who has no criminal punishment.
All marijuana imported by the defendant was confiscated, and actually used or not distributed.
The above is the circumstances favorable to the defendant.
As above, along with the sentencing factors favorable or unfavorable to the defendant, the records of this case, including the defendant's age, health, character and conduct, family environment, motive and circumstances after the crime, etc.