The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the Prosecutor, the fact that the Defendant intentionally cultivated the quantity of plants used as raw materials for narcotics can be acknowledged.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the judgment.

2. Determination

A. The summary of the facts charged of this case shall not cultivate plants used as raw materials for narcotics without the approval of the Minister of Food and Drug Safety, or possess or own raw materials, seeds, or seedlings containing their component.

Nevertheless, on May 31, 2016, around 11:05, the Defendant cultivated 380 franchising expenses, which are plants used as raw materials for narcotics, in the front garden subsequent to the dwelling of the Defendant in Ycheon-si C, without the approval of the Minister for Food and Drug Safety.

B. On May 31, 2016, the lower court found the Defendant’s residence by police officers that the Defendant was 380 share price from the upper garden behind the Defendant’s residence, and found the Defendant not guilty on the grounds that there was no other evidence to acknowledge this, even though, as a result of the appraisal, the fact was found to have been discovered as narcotics ingredients, fin, clin, slin, and sphin from the above fee, but the evidence submitted by the prosecutor alone was insufficient to acknowledge the fact that the Defendant cultivated the fee and that there was an intentional intent to cultivate the fee, which is a plant that is a raw material for narcotics, and that there was no other evidence to acknowledge this.

(c)

In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court, the Defendant may recognize the fact that the Defendant cultivated the plant used as a raw material for narcotics with an intention to cultivate the plants as a raw material for narcotics.

Nevertheless, the court below found the defendant not guilty, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(b) the Prosecutor’s assertion;