The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the court below is just in holding that the court below found the defendant guilty of the violation of the Act on the Control of Narcotics, etc. (mariana) due to smoking marijuana among the facts charged in the instant case (excluding the acquittal portion) on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal

In addition, the argument that the judgment of the court below violated the principle of liability in the determination of the basic facts of sentencing, erroneous determination of facts, or determination of the punishment, constitutes an allegation of unfair sentencing. However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, the argument that the determination of the punishment is unfair is not legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.