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The judgment of the court below is reversed.
Defendant
A 1-2(a)(b)(1)(1-2)(1)(2)(2)(2)(2)(2)(2)(2)
Reasons
1. Summary of grounds for appeal;
A. Defendant A1’s misunderstanding of the facts reveals that the Defendant sold marijuana to B and I on January 13, 2017 and March 15, 2017. However, the Defendant merely received a total of KRW 5,600,000 per marijuana 1g, and the lower court received a total of KRW 1,200,000 per marijuana 1g.
The judgment of the court below is erroneous in finding facts.
2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment, four months of imprisonment, confiscation, and collection) is too unreasonable.
B. Defendant B’s punishment (a prison term of eight months, additional collection) sentenced by the lower court is too unreasonable.
(c)
The sentence imposed by the court below to the defendants is too uneasible and unfair.
2. Determination
A. As to the Defendant A’s assertion of mistake of facts, the lower court also made the same assertion as the grounds for appeal in this part, and the lower court rejected the above assertion on the judgment in detail.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion of the judgment.
subsection (b) of this section.
The above assertion by the defendant is without merit.
B. As to the wrongful argument of sentencing by the Defendant A and the Prosecutor, the Defendant recognized the sale and smoking of marijuana, and reflected it, and the considerable amount of marijuana sold by the Defendant was seized by the investigative agency.
In addition, with respect to the defendant's crime of selling marijuana, punishment should be determined in consideration of the equity in the case of judgment at the same time with the crime of violation of the Narcotics Control Act (mariana) for which a judgment
However, the value of marijuana sold by the Defendant is equivalent to 11.2 million won in total, and 600 times or more, and some of them were re-negotiable to third parties, and the Defendant actually smoked marijuana.
Above all, it is.