The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence (Probation, community service order and conditional order to attend a lecture), confiscation and additional collection) imposed by the court below is too unreasonable.

2. The offense of this case is determined by the Defendant’s purchase of marijuana over two occasions, and the possession of a large quantity of marijuana after smoking it several times, and the circumstances of the offense are not that of the Defendant.

However, the Defendant led the Defendant to be punished by committing the instant crime by actively cooperating in the process of arresting the accomplice who sold marijuana, while making a confession from the investigative agency to the court of the trial.

In light of the fact that the defendant smokes marijuana in front of others, but did not sell it to him or encourage him to smoke marijuana, the defendant merely appears to have purchased or possessed it for personal purpose of smoking.

In addition, the defendant seems to have relatively weak awareness of the illegality of the smoking crime by a person who has grown in a foreign country with foreign nationality, and there is no history of committing any specific crime while staying in the Republic of Korea for a period of eight years.

Considering such various circumstances favorable to the defendant, even if considering the circumstances that are less severe than the defendant's liability, the punishment sentenced by the court below is deemed unfair compared to the degree of the defendant's responsibility.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

【Grounds for the judgment to be used again】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each of the relevant Articles of law concerning criminal facts;