Defendant

All appeals filed by B and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

B (unfair punishment) The punishment sentenced by the lower court (three years of imprisonment, confiscation, and collection) is too unreasonable.

The prosecutor (unfair punishment) sentenced by the court below (the defendant A) is deemed to be too uneasyed and unfair. The prosecutor (the same shall apply to the above paragraph (a)), who is sentenced to a suspended sentence of four years, probation, community service order of 160 hours, confiscation, additional collection, and defendant B).

Judgment

Defendant

The judgment of the court below on the argument of unfair sentencing related to A (public prosecutor) decided the punishment within the scope of the recommended punishment guidelines set by the Supreme Court of Korea Sentencing Committee, considering the following factors: (i) narcotics including marijuana, etc., are highly harmful to individuals as well as society as a whole due to their sense, toxicity, etc.; (ii) the crime of importing marijuana of this case is highly likely to cause spread of narcotics and additional crimes therefrom; and (iii) the amount of marijuana imported in collusion with B is very large and approximately 397 grams; and (iv) the amount of marijuana imported by the Defendant appears to have been distributed approximately 112g among them, etc., which are disadvantageous to the Defendant; and (ii) the Defendant recognized the crime of this case, and (iii) the degree of participation of the Defendant in the crime of this case is relatively minor; (iv) the Defendant cooperates with the investigation of the accomplice; and (v) the Defendant has no history of criminal punishment for the Defendant.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.

The crime of importing marijuana in this case was planned and organized, and the defendant imported a large quantity of marijuana over several occasions and rented an officetel to be used as a workplace to sell it to many unspecified people by dividing it into small quantities, and the defendant Eul.