마약류관리에관한법률위반(대마)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In relation to the crime No. 1-A of the facts stated in the judgment of the court below, the defendant opened a non-coin account in accordance with the instructions of the "D" only without the invitation of one-person "D" and "D" to ship the sales proceeds of marijuana into Korea, and there is no participation in the procurement, sale, and dispatch of marijuana to "D". And the above acts of the defendant constitute a subsidiary crime, not a joint principal offender of the import proceeds of marijuana. 2) In relation to the crime No. 2 of the facts stated in the judgment of the court below, in relation to Article 7 (1) of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc., the person who committed the relevant narcotics
3) With regard to the crime No. 3-b in the judgment of the court below, the period when the defendant inhales marijuana at S's house is not only around October, 2014 but also around August, 2014, and as a result, the amount of smoking is not less than 0.5g since he smokes by returning marijuana of about 0.5g with his friendship. Nevertheless, the court below convicted all the charges of this part of the facts charged. The court below erred by misapprehending the legal principles as to the legal principles as to the conductr under Article 7(1) of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc., and thereby affecting the conclusion of the judgment. (b) The punishment (two years and six months of imprisonment and nine million won of the penalty surcharge is too unreasonable.
2. Determination
A. In a case where a defendant does not make a statement on whether to recognize the facts charged or refuses to make a statement, this cannot be determined as an unfavorable material to the defendant. However, in a case where the defendant made a statement that recognizes the facts charged without exercising the right to refuse to make a statement, he/she may be found guilty of the facts charged through such statements, other evidence, reinforcement evidence, and data.
In addition, confessions made by the defendant in the court of first instance.