마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
except that this judgment.
1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.
2. It is necessary to strictly punish narcotics import crimes in that they bring about the proliferation of narcotics in Korea.
In light of the fact that the quantity of the hemp plant, etc. imported by the defendant is a substantial amount, the nature of the crime is not easy.
However, in light of the circumstances favorable to the defendant, including the fact that the defendant's family members and branch members of the defendant, including the defendant's wife and married wife, wanted to use the hemp plants imported by the defendant for personal purposes and did not intend to distribute them in Korea, and the use of the hemp plants in the original state of the United States of Original state of the United States of the Republic of Korea seems to have been legalized, and the degree of awareness of the illegality of the use of the hemp seems to have been relatively low. The defendant's family members and branch members, including the defendant's wife and married wife in March 2018, wanting the defendant's preference, and other factors of sentencing as shown in the records and arguments of this case, such as age, character and behavior, environment, family relationship, the process and method of the crime of this case, the circumstances after the crime, etc., it is judged that the punishment imposed by the court below against the defendant is unfair.
3. Since the appeal by the defendant is well-grounded, 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 again after pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;