The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the legal doctrine by misapprehending the legal doctrine, the Defendant received an electronic smoking machine from a person E to smoke.

However, the Defendant, as a chump hump, of substances contained in the apparatus, constitutes “mariju” component under Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act, as a hump hump hump hump in KHC et al., a kind of marijuana.

The Defendant did not know that he had been smoking, but was merely smoking with the knowledge of the oil for the electronic smoking machine (bee f, vape til). Therefore, the Defendant did not have an intention to smoke marijuana.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the intention of smoking marijuana, thereby convicting the facts charged of smoking marijuana.

2) The sentence imposed by the lower court (one year of imprisonment) on the Defendant is excessively unreasonable.

B. In full view of the circumstances such as the fact-misunderstanding 1) by misapprehending the legal doctrine, the fact that the Defendant imported marijuana was proven without any reasonable doubt, in view of the fact that the Hague was delivered by the Defendant’s military mail address.

Nevertheless, the court below erred in finding facts or finding a not guilty of the facts charged of the import of marijuana.

2) The above sentence imposed by the court below which the court below committed against the defendant is unreasonable because it is too unfasible.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In this case, the prosecutor submitted an application for permission of modification of indictment to the effect that the indictment is modified as follows with respect to the part convicted by the court below among the facts charged in this case, that is, violation of the Act on the Control of Narcotics, etc. by Smoking.

This part of the facts charged is written by inserting the marith amount of hemp in the non-fluoral area of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si).