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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
International postal items seized;
Reasons
1. In light of all the circumstances, including the fact that the defendant was committed with respect to each of the crimes of this case, the punishment imposed by the court below (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. Determination
A. According to the records, six (No. 9) seeds of the hemp plant from among the seized articles of this case were requested to the analysis office of Incheon Pacific Customs, and all of them were consumed in the appraisal procedure. Since three (3) seeds of the hemp plant were not existing at the time the judgment of the court below was rendered, the court below cannot render a judgment of confiscation. Thus, since the court below sentenced the confiscation of the above confiscated articles which are not already destroyed and remain, it is erroneous in the misapprehension of the law and affected the conclusion of the judgment.
B. As to the grounds for appeal by the defendant, the crime of this case is acknowledged that the defendant purchased the seeds of the hemp plant from his name in the U.K. residing in the U.K. and intended to bring them into the Republic of Korea using international mail, and was discovered at the opening test of the Incheon Airport Customs Office and obstructed the hemp by putting them in an attempted attempt, and that he purchased the seeds of the hemp directly to cultivate the hemp for smoking purposes; that the defendant, who had the record of smoking and punishing marijuana, attempted to purchase the seeds of the hemp plant overseas for the purpose of cultivating marijuana; that the defendant, who attempted to purchase the seeds of the hemp plant overseas for the purpose of cultivating marijuana, had the record of punishment for imprisonment twice for the same crime; and that the defendant had the record of being subject to suspended sentence for special larceny from Oct. 2011 to Oct. 20, 2011.
However, when the defendant was in a trial, the case is raised.