The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In other words, there is a photograph of marijuana (Evidence Nos. 4, 7, 11, 11, and 5 of the evidence list) which the defendant voluntarily taken and transmitted to another person by means of corroborating evidence that the defendant led to smoking of marijuana at the time and place specified in this part of the facts charged, and that the confession is true, not processed.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged on the ground that there was no evidence supporting the confession. In so determining, it erred by misapprehending the legal doctrine.

The punishment sentenced by the court below on unreasonable sentencing (one year of imprisonment, two years of suspended execution, etc.) is too unjustifiable.

Since the legal principles related to the determination of mistake or misapprehension of legal principles are practically concurrent crimes, there should be reinforced evidence of confessions as to each crime, and the content of statements made by a person other than the defendant who made the defendant as a person of a crime cannot be evidence to reinforce the confession of the defendant.

(See Supreme Court Decision 2007Do10937 Decided February 14, 2008, etc.). Whether the testimony made by E (tentative name) constitutes reinforced evidence is stated in the police that “The defendant showed that “the defendant satisf was smoked and left after smoking the hemp that was contained in the plastic bus in the plastic shop located in Seoul on any day at the end of October 2016 through the end of November 2016, 2016.” and “the defendant told that he smoked the hemp.”

In light of the legal principles as seen earlier, the part on the statement that “the Defendant was the person who committed the crime” does not differ from the Defendant’s confession statement, and thus, it cannot be the evidence to prove the confession.

In light of the following circumstances, the part of the statement that “the Defendant shown the hemp in a wall,” which stated that “the Defendant smoked marijuana,” is a evidence to reinforce the Defendant’s confession on February 2, 2016.