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The judgment below
The acquittal portion shall be reversed.
The defendant shall be exempted from punishment.
Reasons
1. The lower court found the Defendant guilty of the violation of the Act on the Control of Narcotics, Etc. (the Act on Special Cases concerning the Prevention of Illegal Trading in Narcotics, Etc.) due to the purchase of marijuana among the facts charged in the instant case and the violation of the Act on the Control of Narcotics, etc. (the Act on Special Cases concerning the Prevention of Illegal Trading in Narcotics, Etc.) from January 30, 2019 to January 31, 2019, and the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the smoking in marijuana from January 30, 2019, and sentenced the Defendant to the imposition of additional tax of KRW 540,00 from the Defendant for one year of imprisonment and two years of suspended execution, and sentenced the Defendant not guilty of the violation of the Act on the Control of
As to this, the "order of judgment" of the petition of appeal submitted by the prosecutor is stipulated as "two years of imprisonment with labor for one year," but the "scope of appeal" as "part of innocence" and the "reasons for appeal" as "the grounds for appeal" is stated in the court below's decision that the defendant acquitted him/her on the ground that there is no evidence of reinforcement of confession in the court below, and it is stated that the court below appealed on December 20, 2018, on the ground of the misapprehension of the legal principles as to the rules of reinforcement of confession in the rules of reinforcement of confession. In addition, even on March 20, 2020, the facts charged subject to appeal is limited to the smoking of the above marijuana for which the judgment of innocence was rendered, and the court below erred by mistake of facts and misapprehension of legal principles, while limiting the facts charged subject to appeal to the smoking of the marijuana
The judgment below
Since the part which was found guilty was separated by the appeal period without both parties’ appeal (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). The scope of this Court’s trial is due to marijuana smoking as of December 20, 2018, which was pronounced not guilty by the lower court.