The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the sole basis of each legal statement of E and B, which cannot be believed despite the fact that the defendant did not smoke in marijuana and there was a voice judgment as a result of the defendant's reproduction and the appraisal of the defense against the defendant.

B. The sentence imposed by the court below on the defendant (five months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts. ① Each of the statements from the investigative agency of the witness E to the court from the witness E to the court was unable to avoid the occurrence of a different kind of tobacco from ordinary tobacco in the Nemo-sibbba, and at this time, B was smoking together. The date and time and time of the crime, the place of the crime, the method or circumstances of smoking marijuana, and the statements from the investigation agency of B, other than the defendant, who was designated as smoking marijuana from E, coincide with the above statements of the E, and ② the judgment was not finalized after being sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act, etc. at the Seoul Western District Court at the time.

그런데도 B는 원심에서 피고인과 함께 재판을 받으면서 피고인과 대마를 흡연한 사실을 자백하여 유죄판결을 선고받고도 항소하지 아니하여 위 판결은 그대로 확정되었는바, B가 대마흡연과 관련된 형사처벌과 피고인에 대한 위증죄의 처벌을 모두 감수하면서까지 거짓말할 아무런 동기가 없는 점, ③ 피고인은 검찰수사를 받으려는 B에게 휴대폰 문자메시지로 “왜 그렇게 얘기했냐하면 걔가 시켜서그랬다해야돼 안그럼 형도 거짓말돼”라고 하였고, 이에 대해 B가 “뉴가줬야고하면머라해”고 답하자,...