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1. The judgment below is reversed.
2.(a)
A defendant shall be punished by imprisonment for three years.
provided that this ruling has become final and conclusive.
Reasons
Summary of Grounds for Appeal
(F) The sentence imposed by the court below on the defendant (or three years of imprisonment) is too unreasonable.
Judgment
Narcotics crimes are not easy to detect due to their characteristics, and the risk of recidivism is high, and their negative effects are very negative on the society as a whole due to decliability, toxicity, etc., and in particular, the importation of narcotics is likely to cause additional crimes due to the spread of narcotics and its risk.
The crime of this case is committed by importing various kinds of narcotics, etc. and using, administering, and smoking them.
In addition, even though the Defendant had been punished for a smoking crime by purchasing marijuana around 2017, it is highly likely to be subject to criticism in that he/she repeatedly committed the instant crime within a short period after the expiration of the suspension period, and there is a need for strict punishment.
However, the defendant recognized the crime of this case and divided the wrong facts, and did not import narcotics for the purpose of circulation in the market, and the transfer of imported narcotics, etc. is relatively large, and they were seized and distributed in the market.
Before committing the instant crime, the Defendant attempted to commit suicide due to depression, such as the parents’ divorce, sexual harassment damage from relatives, etc., and was subject to hospitalized treatment. In the process of suppressing the impulse of suicide, etc., the Defendant relied on narcotics, etc., and appears to have led to the instant crime.
Considering these circumstances, it is highly necessary to enable the defendant to act as a member of a sound society and the division of narcotics through active treatment rather than severe punishment through isolation with society in the future. The mother of the defendant is also able to actively assist and guide the defendant's rehabilitation.
In addition, this court's ruling against the probation office.