The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as alleged in the facts charged, was guilty on the ground that he was not aware of the hemp plant from E, and the lower court convicted the Defendant on the grounds of the testimony of E without credibility.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of eight months, the suspension of the execution of two years, and the collection of KRW 50,000) is too unreasonable.

2. Determination

A. In light of the reasoning of the lower judgment and the evidence duly examined in the lower court’s judgment, the lower court clearly erred in its determination on the credibility of the statement made by the witness in light of the content of the lower judgment and the evidence duly examined in the lower court, when considering the difference between the method of evaluating credibility of the statement made by the witness in the lower court and the appellate court based on the spirit of substantial direct deliberation adopted by our Criminal

If there are extenuating circumstances to see the lower court’s decision as to the credibility of a statement made by a witness of the lower court, or in full view of the results of the examination at the lower court’s examination and the results of additional examination conducted until the closing of oral argument, it is not significantly unfair to maintain the lower court’s decision, the appellate court, on the sole ground that the lower court’s decision on the credibility of a statement made by a witness of the lower court is different from the appellate court’s decision, shall not arbitrarily reverse the lower court’s decision (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 201Do5313, Jun. 14, 2012). The Defendant asserted the same purport even in the lower court, but the lower court rejected the Defendant’s aforementioned assertion by taking account of the instant communications and E’s statement exchanged with the Defendant.

Examining the lower court’s factual recognition and judgment in comparison with the records, the lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable and acceptable, and it erred by misapprehending the facts affecting the conclusion of the judgment.