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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 did not recognize at all the attachment of the hemp seeds received from E for the purpose of treatment of misunderstanding the fact, and used them as drinking water. Defendant 2 of the misapprehension of the legal doctrine knew of the hemp plant seeds as medicinal materials, and misunderstood that this case did not constitute a crime, and there is a justifiable reason for misunderstanding.
3) The lower court’s sentencing (one hundred months of imprisonment) is too unreasonable. (B) In so doing, the lower court erred by misapprehending the legal doctrine on determining the facts of the crime, even though the Defendant smoked marijuana between August 27, 2014 and September 1, 2014, which acquitted the Defendant of this part of the charges.
2. The sentencing of the court below on the grounds that the sentencing is too unjustifiable.
2. Article 61(1)4(b) of the Act on the Management of Narcotics, Etc. concerning the misunderstanding of misunderstanding of Facts and misunderstanding of legal principles by the Defendant stipulates that “a person who smokes or takes in marijuana or its seed coats for the purpose of smoking or taking in marijuana or its seed coats shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.”
In full view of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the defendant can be sufficiently recognized that he received and carried the hemp plant seed coats from E with knowledge that he has affixed it.
In addition, the act of carrying marijuana seeds bearing such booms is prohibited by the law, and there is no reasonable ground to deem that the defendant was mistaken for being permitted under the law in light of the fact that the previous case and the large number of the seeds are prohibited.
E issued, on July 2014, the seeds of the hemp plant that carry its coats to the defendant at the temple D, where he/she is well-known, from among the mid-term police officers.
(b) the hemp seeds delivered by E to the Defendant are attached thereto;