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(영문) 서울고등법원 2015.03.20 2015노282
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) misunderstanding of facts did not have smoked marijuana in the middle and lower order of October 2013 and April 2014. Nevertheless, the lower court found the Defendant guilty of each of the above facts charged in the instant case, which erred by misunderstanding of facts. (2) In so doing, the lower court’s judgment that found the Defendant guilty of the smoking of marijuana was erroneous. (3) In so doing, the lower court erred by misapprehending of facts against the law. (2) The sentence of imprisonment (one hundred months, additional collection 3

B. In full view of the evidence submitted by the prosecutor, such as the statement of H with high value of misconception of facts, the court below accepted the statements of D, etc. without credibility and acquitted each of the above facts charged, even if the court below found the defendant guilty of violating the Act on the Control of Narcotics, etc. (mariju) due to the sale and purchase of marijuana among the facts charged in the instant case and the smoking in the middle order of marijuana on December 2011.

Judgment

A. The defendant alleged that the defendant did not smoke marijuana at each time and place as stated in the judgment of the court below as stated in the grounds of appeal in this case, and the court below rejected the above assertion by pointing out the judgment on "a summary of evidence" at the bottom. The judgment of the court below is justified in light of the evidence duly adopted and examined by the court below.

In this regard, the defendant asserts that the two appraisal results, which were admitted as evidence of guilt by the court below, are contradictory to each other, and that the confession of the defendant cannot be proven as evidence.

However, the statement of appraisal (Evidence No. 6~11cm in length) of the defendant's hair taken on June 17, 2014 on the test (Evidence No. 135 pages) stated that the reaction of hemp training has occurred in the range between the maternity and the 2 cm, the voice reaction in the remaining segment has occurred in the range of marijuana, and the time of medication is presumed to have been calculated by converting the rate of adult's maternity growth from 0.8cm to 1.3cm/months (the average growth rate of 1.0cm/months) from 0.8cm to 1.3cm from 1.3cm in the above hair.

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