The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

2,00 won shall be additionally collected from the defendant.

3.2

The summary of the grounds for appeal (unfair punishment) of the original judgment (10 months of imprisonment) is too unreasonable.

Judgment

The crime of this case is that the defendant accepted or smokeed marijuana, and marijuana is a substance that may cause harm to the public health due to its dependence and gravity, and thus there is a need to strictly punish the act of receiving or smoking it without obtaining permission. The defendant committed the crime of this case while the period of suspension of execution of the same kind of crime.

However, it is reasonable to take into account the following circumstances: (a) the Defendant made confession of all the instant crimes and reflects his mistake in depth; (b) the amount of marijuana handled by the Defendant is relatively less than the number of the instant crimes; (c) there are families to support the Defendant, including young children being treated as an ornamental beer; and (d) there is no record of having been sentenced to imprisonment until now.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission: Group 2 (marijuth), Special Convicts (former and previous departments), Decision on the scope of the recommended sentence (10-2 years), the scope of the recommended sentence (10-2 years), and Group 2: Type 1 (marith), Special Convicts (marith), the scope of the recommended sentence (basic area), the scope of the recommended sentence (6-1 year and April), and the result of the aggravated sentence: October-2 and August-8, and all other sentencing conditions such as the Defendant’s age, character and conduct, environment, the circumstances before and after the instant crime, etc. are considered unfair.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.