마약류관리에관한법률위반(대마)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant asserted that he was guilty of the facts by the lower court did not sell marijuana to G around September 2015, and on May 21, 2016, the Defendant purchased marijuana with the amount of KRW 1,500,000 from G upon the request of G for the purchase of marijuana and did not sell marijuana to G.
Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The Defendant alleged that each of the sentencing sentencing of the Defendant and the Prosecutor was unfair by the lower court’s punishment (one year and six months of imprisonment), and the Prosecutor asserts that the sentence of the lower court is too unhued and thus unfair.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, all of the circumstances acknowledged in the part on the Defendant’s and the defense counsel’s assertion in the reasoning of the lower judgment are fully acceptable, and comprehensively taking account of these circumstances, the Defendant’s sale of marijuana to G around September 2015, as well as around November 2015, and the fact that he/she sold marijuana 1.5 temperatures ( approximately 42ggs) to G on May 21, 2016 may be recognized.
Therefore, we cannot accept this part of the defendant's assertion.
B. Since new sentencing materials have not been submitted at the appellate court regarding each of the unfair arguments of sentencing by the defendant and the prosecutor, the conditions of sentencing are different from those of the lower court.
Even though the defendant sent juvenile saving to a relatively large country, even though he was sentenced to imprisonment for the same kind of crime, and again committed each of the crimes in this case, he still has not made efforts to completely block himself from these kinds of crimes.
In addition to these circumstances, the lower court’s sentence is to be imposed in full view of all the reasons for sentencing revealed during the instant pleadings.