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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, confiscation, additional collection of up to 45,00 won) of the lower court is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the trial and the lower court did not change, and in full view of all the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing is too so excessive that it exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, since Article 60(1)4 (a) and (b) and Article 3 subparag. 10 (a) and (b) of the Narcotics Control Act are clear that the phrase "Article 61(1)4 (b) and Article 3 subparag. 10 (b) of the Act on the Control of Narcotics, etc. (the possession of marijuana for smoking)" and Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, etc., Article 61(1)4 of the Act on the Control of Narcotics, etc., and Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, etc. (the occupation of marijuana