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The judgment below
The acquittal portion shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The examination result of the diagnosis of the medical examination of the defendant's side of the grounds for appeal (not guilty part) shall have an independent value of evidence separate from the hemp illegally confiscated, and may serve as a supporting evidence for the confession of the defendant;
Nevertheless, the court below found the defendant not guilty of the violation of the Act on the Control of Narcotics, etc. (mariju). The court below erred by misunderstanding facts or misunderstanding legal principles,
[The judgment of the court below which found the Defendant guilty of attempted larceny and intrusion upon residence among the facts charged in the instant case, and found the Defendant not guilty of the violation of the Act on the Control of Narcotics, Etc. (marijuana). The prosecutor appealed only to the acquitted portion, and since the Defendant did not file an appeal and found the guilty portion as is, the scope of the judgment of the court below is limited to the acquitted portion
A. On July 1, 2011, the summary of the facts charged as to the violation of the Narcotics Control Act (the Act on the Control of Narcotics, Etc.) and the Defendant carrying marijuana, which was passing through G in F in the Mamyang-si around July 1, 201, carried it by collecting a few of the said marijuana leaves for the purpose of smoking and discovering it.
(2) On July 3, 201, at around 15:00 and around 20:00 of the same day, the Defendant smoked marijuana over two occasions in the bank located in the above F, by attaching the leaves of the said person as above to the paper f, with the following fire as soon as possible:
(3) On July 5, 2011, the Defendant, holding marijuana, carried marijuana at his own house located in the above H around July 20:38, 201, and carried it by cutting it between 0.63gs, remaining after smoking, as described in the above paragraph (2), to smoke later.
B. The judgment of the court below