The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles or misapprehension of the legal doctrine, the Defendant did not know that smoking of marijuana in a foreign country, other than the Republic of Korea, violates the law

The Defendant, at an investigative agency and the lower court, from March 14, 2016, as stated in the facts charged in the instant case.

3. A person who smokes marijuana once a day by the 19th day and six times in total; and

Agreed.

However, in fact, only once during the above period, the number of smoking in the investigation process is not important.

during the above period, one smoked each day during the above period.

A false confession was made.

Even if there is credibility of the defendant's confession in a voluntary manner

However, there is no evidence to reinforce the rest of five smoking except for one smoking recognized by the defendant.

The judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts or legal principles.

B. The sentencing of the lower court (a year of imprisonment, an additional collection of KRW 30,000) is too unreasonable.

2. Determination

A. As to the assertion of a site of a law, the Criminal Code Article 3 applies to a national who commits a crime outside the territory of the Republic of Korea.

"The general provisions of this Act" in Article 8 shall apply to the crimes provided for in other Acts and subordinate statutes.

except as otherwise provided in the Acts and subordinate statutes.

"........"

(b) "No person shall smoke or take in marijuana or marijuana seed coats" in subparagraph 10 (a) of Article 3 of the Narcotics Control Act.

Article 61(1)4 (a) of the Criminal Code provides for " and provides for penalties for them," but does not provide for exceptions to the application of Article 3 of the Criminal Code.

Therefore, the above Act on the Control of Narcotics applies to the defendant who is a national who commits a violation of the same Act outside the territory of the Republic of Korea.

On the other hand, it is simple that there is no punishment in accordance with Article 16 of the Criminal Code.