The defendant's appeal is dismissed.

Litigation costs relating to the witnesses of the court below shall be borne by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is that it constitutes a violation of the law and which affected the judgment, and it constitutes a mistake of fact, which affected the conclusion of the judgment.

In addition, the punishment prescribed by the court of the court below (one year and six months of imprisonment, additional collection 3,00 won) is too unreasonable.

2. In examining the instant case based on the evidence duly adopted and examined as to the assertion of misunderstanding of facts and misapprehension of legal principles, it is just and acceptable for the court below to find the Defendant guilty of the instant facts charged as stated in its holding.

We cannot accept the allegation that there was a misunderstanding of facts or a misunderstanding of legal principles affecting the judgment of the court below.

Based on the written appraisal that marijuana ingredients came into a training reaction at the mouth taken on February 15, 2016, the period of the instant crime was specified between 10 days retroactively from February 5, 2016 to February 15, 2016, and on the basis of the location information disclosed in the monetary details during that period, “day within Incheon City” was stated as “day within the said period.” The facts charged should be deemed to be specified within a reasonable scope of time and place, and there is no problem of violation of law.

As the instant crime against the illegal assertion of sentencing is a concurrent crime between the crime of obstructing the execution of official duties for which judgment has become final and conclusive, it is necessary to determine the punishment in consideration of equity and the case of judgment.

However, the criminal liability of the defendant is not against the law.

Many criminal records have a number of criminal records, which are five times, and this case is the same repeated crime.

The court of the court below decided the defendant's punishment by taking account of various positive and negative circumstances, including them.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, the Criminal Act, such as the age, sex, environment, motive, means and result of the crime, the situation before and after the crime, etc.