The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 4 through 14, 16 through 32, 34.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment, confiscation, additional collection KRW 98,00) is too unreasonable.

In particular, the lower court’s determination on the grounds of sentencing against the Defendant that “the Defendant was aware of the U.S. study course to conduct marijuana-related business,” and that “the Defendant committed the instant smuggling in mind with the view to marijuana sales business.” As such, the lower court’s punishment based on such circumstances ought to be reversed.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to evidence, the defendant was sentenced to the suspension of the execution of six months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), the community service order 80 hours, and the order to attend a compliance driving lecture 40 hours on February 6, 2017 and the judgment became final and conclusive on April 18, 2017.

The crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crime of this case, etc., which became final and conclusive after the pronouncement of the judgment of this case, shall be sentenced to punishment for the crime of this case in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act with regard to concurrent crimes after Article 37 of the Criminal

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The judgment of the court below is rendered on April 18, 2017 upon the sentence of two years of suspension of execution, 80 hours of community service order, 40 hours of lecture attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance attendance, etc. in the first part of the facts charged by the court below.