The judgment below

Among the defendants A and B, each part of the defendant is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

except that this shall not apply.

1. The summary of the grounds for appeal by the defendants (the defendant A: imprisonment of 2 years and 6 months, collection and provisional payment order, defendant B: imprisonment of 2 years and 6 months, confiscation, collection and provisional payment order) are too unreasonable.

2. Although the nature of the crime of this case is not good, in full view of all the circumstances such as the Defendants’ confession and mistake, the Defendants’ primary crime, the Defendants’ amount of marijuana imported or smoked by the Defendants, and the Defendants’ age, character and conduct and environment, motive, means and consequence of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendants’ above assertion is reasonable.

3. In conclusion, the part of the judgment below against the Defendants is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence against the Defendants recognized by this court is identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A: Articles 58(1)5, 3 subparag. 7 (the point of import of marijuana and the choice of limited imprisonment), 59(1)7, and 3 subparag. 9 (the point of trade of marijuana) of the Narcotics Control Act, and Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (the point of trade of marijuana) of the Act on the Control of Narcotics, Etc., Defendant B: Articles 58(1)5 and 3 subparag. 7 (the point of trade of marijuana and the choice of imprisonment for a limited term) of the Act on the Control of Narcotics, etc., Articles 61(1)4 (a) and 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc., Articles 61(1) and 61(1)6 and 4(1) of the Narcotics Control Act.