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The judgment below
Of the defendants, the part of the defendant is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
No. 6, 7.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and eight months, confiscation and collection) that the court below made is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio (the smoking of marijuana as of February 5, 2019 in the original judgment), we examine ex officio as to “the Defendant smoked marijuana on February 5, 2019” among the facts charged in the instant case.
A. On February 5, 2019, the Defendant, who was parked in front of the J-gun of Gyeonggi-do, Gyeonggi-do on February 5, 2019, smoked in such a way as to deduct tobacco from the Defendant’s operation, and to put in the marith in the marith vehicle and attach the marith to the marith.
B. The Defendant, in the judgment of the court below, led to the confession of the above facts charged, and the court below sentenced the Defendant guilty.
C. 1) Legal principles on the evidence of confessions (1) When confessions of the accused are the only evidence unfavorable to the accused, it shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). Thus, if the confessions of the accused are judged guilty on the sole ground of the confessions of the accused without supporting evidence, it shall be deemed that there is an error of law affecting the conclusion of the judgment in itself (see, e.g., Supreme Court Decision 2007Do7835, Nov. 29, 2007). (2) Since substantial concurrent crimes are crimes, there are substantial number of concurrent crimes, it is necessary to prove the confessions of each crime (see, e.g., Supreme Court Decision 2007Do10937, Feb. 14, 2008). (3) Meanwhile, even if the evidence of confessions is not sufficient to acknowledge all or essential parts of the crime, it is sufficient to prove that the confessions of the accused are not true as evidence of guilts (see, 207).