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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts and misunderstanding of legal principles are considerably weak compared to other narcotics, the toxicity or danger of which is considerably weak, and the possibility of causing harm to other persons is considerably low, and each citizen has the freedom to choose marijuana as medicine for the mental and physical health of the principal. Therefore, Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act, which provide for criminal punishment for smoking and purchase of marijuana, and Article 3 subparag. 10 (a) (hereinafter “instant legal provision”).
(2) The judgment of the court below that applied the legal provision of this case to the defendant is unconstitutional. The defendant did not harm the safety and health of the society and a specific person due to the criminal facts of this case, and there was no misuse or abuse of marijuana. However, there is a violation of law by misunderstanding of facts or misunderstanding of legal principles. 2) The court below's order collection and probation of the defendant is insufficient. Thus, there is an error of law by
B. The sentence imposed by the lower court on the grounds that the penalty of unfair sentencing (the penalty of imprisonment for one year, two years of suspended sentence, probation, 3,037,359) is too unreasonable.
2. Determination:
A. As to the claim for unconstitutionality of the legal provision of this case concerning mistake of facts and misapprehension of legal principles, the Constitutional Court shall not conduct any of the following acts with respect to "in the case of receiving or receiving marijuana" in Articles 61(1)8 and 3 subparag. 11 of the former Narcotics Control Act (amended by Act No. 6146 of Jan. 12, 2000), and Article 61(1)7 and Article 4(1) of the former Act on the Control of Narcotics, etc. (amended by Act No. 6146 of Nov. 25, 2000), with respect to the part concerning "Smoking or receiving" of marijuana in Articles 201Hun-Ba75 of Feb. 26, 2004, and Article 205Hun-Ba46 of Nov. 24, 2005:
11. Smoking or taking in marijuana or marijuana seed coats, or smoking or smoking of marijuana or marijuana seed coats;