The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 2 years and six months of imprisonment with prison labor, 30,000 won of suspended execution, confiscation, and collection 130,000 won) is deemed to be too uneasible

2. Considering the unique area of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct determination under the Criminal Procedure Act, and the ex post facto core nature of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion in light of the following factors: (a) the conditions of sentencing specified in the process of the first instance sentencing hearing and the sentencing criteria, etc.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the determination of sentencing of the first instance (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime requires strict punishment against the Defendant, taking into account the following: (a) the Defendant purchased and smokes marijuana at the same time; (b) imported marijuana in a foreign country at the same time; and (c) the nature of the relevant crime is significant; and (d) the crime related to narcotics is not limited to causing a person addicted to serious addiction and radio wave, but rather to harm the health of the people or cause other crimes; and (b) the risk of causing serious adverse effects on the society as a whole, such as impairing the health of the people or inducing other crimes.

However, the defendant's age, including the fact that the defendant has no criminal record of the same kind of punishment or imprisonment with prison labor or heavier, or that the defendant was found to have committed a crime in the first instance that will assist in astronomical consciousness of soldiers, and that the purpose of the import crime is not to distribute it, and that the defendant showed an attitude against the depth of the crime by all investigative agencies.