The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

The summary of the grounds for appeal (the assertion of the prosecutor's mistake as to the acquittal) is that the defendant received marijuana after receiving approximately 3g of marijuana from C, and that the defendant led Y to receive it by giving it to Y.

In light of the characteristics of the narcotics case, there is no reason to interpret the scope of reinforced evidence limited to the statement of the criminal defendant, the present presence of seized articles, etc., and as long as the defendant convicted him of the remaining criminal facts that he purchased and sold marijuana from C, the defendant voluntarily stated Y, and the fact that Y is registered as a branch in the Kakao Stockholm of the defendant, it is sufficient as evidence to reinforce the above confession by the defendant.

Nevertheless, the court below erred by misunderstanding the fact that only the confession of the defendant was made and that there was no evidence to reinforce it, which affected the conclusion of the judgment.

Judgment

The judgment below

The lower court determined ex officio as to the guilty portion of the facts constituting each of the crimes listed in Article 1 of the lower judgment (the purchase and sale of marijuana on eight occasions from February 2, 2014 to December 22, 2014) and applied Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act to each of the crimes listed in the lower judgment.

However, Articles 59(1)7 and 3 subparag. 7 of the above Narcotics Control Act (hereinafter “Revised Narcotics Control Act”) were amended by Act No. 14019, Feb. 3, 2016, and came into force on November 3, 2016. As such, the amended Narcotics Control Act may not apply to each of the above criminal facts committed by the Defendant prior to the enforcement of the amended Narcotics Control Act, and Article 59(1)7 and Article 3 subparag. 9 of the former Narcotics Control Act shall apply to the foregoing criminal facts.

In this respect, the judgment of the court below on the trade of marijuana among the guilty parts of the judgment below is not possible.