마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against the Defendant (two years of suspended sentence in October) is too unreasonable.
B. Prosecutor 1) The lower court acquitted the Defendant of the facts charged by misunderstanding of facts and misunderstanding of legal principles on the charges of smoking marijuana, and there is no evidence to suspect the voluntariness of the confession, and C’s statement in selling marijuana to the Defendant was sufficient to serve as a supporting evidence for the Defendant’s confession. However, the lower court acquitted the Defendant of the facts charged by misapprehending the legal doctrine on the supporting evidence for the confession and thereby, acquitted the Defendant of the aforementioned facts charged. 2) The sentence imposed by the lower court on the Defendant of unfair sentencing is too
2. Determination
A. As to the prosecutor’s assertion of mistake of facts and misapprehension of legal principles, the summary of this part of the facts charged is that no person should smoke marijuana, but the Defendant, at around 01:00 on December 2013, 2013, smoked in the piracy located in the U.S., Ulsan-dong, Ulsan-gu, and around 01:00.
B) On December 2, 2013, after the date and time set forth in the preceding paragraph, the Defendant smoked approximately one gram of marijuana in the same manner as that set forth in the preceding paragraph from the sea side located in Ulsan-dong, Ulsan-dong. 2) The lower court rendered a judgment on the following grounds: (a) on the ground that the confession of the Defendant as to this part of the facts charged constitutes evidence of a kind unfavorable to the Defendant, and thus, it cannot be considered as evidence of guilt, and thus, the facts charged are not proven.
In other words, the defendant confessions the facts charged from the investigative agency to the court of the court below. A copy of the interrogation protocol of C, a copy of the investigation report (C's monetary content analysis), a copy of the investigation report (CD's Kax dialogue content), and the statement of the investigative report.