마약류관리에관한법률위반(대마)
The defendant's appeal is dismissed.
Summary of Reasons for appeal
A. The court below erred by misapprehending the legal principles or misunderstanding the facts as follows.
1) The point of sale of marijuana from December 20, 2019 to January 1, 2020 (the crime of the lower judgment No. 3-2)
A. 2) As to the attachment list (1) 2 to 20 copies of the crime committed in the attached table in paragraph (2) of this Article, the Defendant delivered marijuana to the purchaser according to the direction of the H “H” operator (hereinafter “DL”), which is the site for the hemp sales, and only assisted or prevented the sale of marijuana, and the Defendant did not directly sell the said marijuana and did not intend to do so.
2) The sales of marijuana to C, the smoking of marijuana in the middle of October 2019, and the smoking of marijuana in the lower order of October 2019 to November 201, 201 (the crime of the lower judgment No. 3)
(a) 1) and 4-
A. As to paragraphs (3) and (b) of this Article, the Defendant did not sell or smoke marijuana as stated in the facts charged.
3) As to the point of the import of marijuana (criminal facts of the lower judgment No. 1), contact with books for the erroneous sale at the time of the Sea of the United States or transmitting the bitcos to E rather than the Defendant.
4) On March 17, 2020, the point of smoking marijuana (the crime of the lower judgment No. 4-2)
A. 4) With respect to paragraph (4) of this Article, an appraisal report on narcotics submitted by a prosecutor as evidence and a related investigation report (the No. 135, 136 No. 136 of the evidence list) constitute illegally collected evidence based on the Defendant’s defense that the investigative agency secured through separate search and seizure, and thus, is inadmissible.
B. The sentence of the lower court (a punishment of imprisonment of three years and six months, confiscation, and collection) is unreasonable as it is excessively unreasonable.
2. Determination
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below on December 20, 2019 to January 1, 2020, as to the assertion of misunderstanding of facts or misapprehension of legal principles, the judgment of the court below as to the sales of marijuana from December 20, 2019 to January 1, 2020, and the evidence duly admitted by the court below and the court below, the Defendant’s “H” operator, which is the Internet hemp sales site, during the process of importing “the date at the sea at the sea,” the concentration of marijuana as of October 2, 2019.