The guilty part of the judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

The judgment of the court of first instance is not guilty.

1. The first instance court rendered a not-guilty verdict on the violation of the Act on the Control of Narcotics, Etc. (marijuana) due to the sale and purchase of marijuana among the facts charged in the instant case, and found the guilty guilty on the violation of the Act on the Control of Narcotics, etc. (marijuana) due to the hemp, and sentenced the acquittal on the violation of the Act on the Control of Narcotics,

With respect to this, only the prosecutor appealed from the judgment of the court of first instance as to the acquittal and the acquittal part, and the defendant and the prosecutor did not appeal.

Therefore, since the judgment of the court of first instance became final and conclusive separately, the scope of the judgment of the court of first instance shall be limited to the remainder except the acquittal part.

2. Summary of grounds for appeal;

A. Since the public prosecutor’s statement (misunderstanding of facts against the judgment of the court of first instance and misunderstanding of facts) 1) has credibility, the defendant’s sale of marijuana to B is recognized. 2) The punishment (7 million won of a fine) imposed by the court of first instance on the grounds of unfair sentencing is too uneasible and unfair.

B. The Defendant (an unreasonable sentencing on the lower court’s judgment)’s punishment (an imprisonment of six months with prison labor for each of the crimes of No. 2019Gohap676 as indicated in the lower judgment, and four years with prison labor for each of the other crimes of No. 2 as indicated in the lower judgment) declared by the lower court is too unreasonable.

3. Prosecutor’s mistake of facts and assertion of unreasonable sentencing (the first instance judgment)

A. On March 24, 2016, around 22:24, 2016, the Defendant: (a) transferred KRW 800,000 to the account he/she uses (i.e., corporate bank: C and deposit holders D) from the non-permanent area in Seoul; and (b) sold B in the way of sending approximately 4g of marijuana to the Gangnam-gu Seoul on the same day from the non-permanent area at the time of the same day.

B) On April 25, 2016, the Defendant described in paragraph (a) from B at the French land below Seoul around 21:20.