All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not smoke marijuana as a non-hand smoke, and there is only a possibility that marijuana ingredients were inhaled in the body of the Defendant through indirect smoking at the vehicle in Taiwan and the workplace. Thus, the judgment of the court below which found the Defendant guilty of the facts charged is erroneous.

B. As to the punishment sentenced by the lower court (a pair of penalties) against the Defendant, the Defendant asserts that it is too unreasonable for the Defendant to be so excessive and unfair, and that the prosecutor is too uneased and unfair for the prosecutor.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the summary of the factory laboratory was smoked by the Defendant’s non-performance of marijuana in the Incheon Japan, such as Yeonsu-gu, Incheon, during the period between around December 2, 2014 and around December 11, 2014.

Accordingly, the Defendant smoked marijuana even though he is not a narcotics handler.

2) According to the evidence duly adopted and examined by the court below, it is acknowledged that there was a training reaction with respect to marijuana as a result of the appraisal by the National Science Investigation Agency of the Defendant’s defense taken on December 11, 2014 by the Defendant. Accordingly, the court below's judgment convicting the Defendant of the facts charged is just and acceptable, and there is an error of law by misunderstanding the facts alleged by the Defendant.

There is a possibility that marijuana ingredients have been inhaled in the body of the defendant through indirect smoking, etc. at the vehicle and workplace in Taiwan (the defendant is likely to inhale in the body of the defendant).

However, it is not accepted in light of the empirical rule that the use of marijuana ingredients is included in the large-scale mountain vehicle, and the defendant voluntarily stated that he does not have any person who smokes or suspects in the surrounding area, and it is not possible to lead to the training reaction of marijuana in the way of indirect smoking that occurs frequently in the daily life.