The judgment of the court below is reversed, and the case is remanded to the Ulsan District Court Panel Division.

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal based on unfair sentencing is permitted. Thus, the argument that the amount of punishment is unfair in this case where a more minor sentence has been imposed against the defendant cannot be justified.

2. Regarding the prosecutor's grounds for appeal

A. The lower court, “Around March 10, 2015, the Defendant was not a handler of narcotics, but used marijuana in a manner that, at the Defendant’s house (C 404) around 20:0, from March 10, 2015, made use of the amount equivalent to the amount of one smoking for marijuana (A. 0.5g) at the Defendant’s house (C 404) and then inhales the smoke.

As to the facts charged, the lower court affirmed the first instance judgment convicting the Defendant of the facts charged on the ground that there is no evidence to reinforce the confession of the Defendant, and that there is no other evidence to reinforce the confession of the Defendant.

B. The corroborating evidence for confession is sufficient to acknowledge that the confession of the defendant is not a processed one, even if the whole or essential part of the crime is not sufficient to acknowledge the whole or essential part of the crime, and it is sufficient to prove that the confession of the defendant is true, not a processed one, as well as indirect evidence or circumstantial evidence not a direct evidence. In addition, if the confession and reinforcement evidence are inconsistent with each other and it is possible to prove the crime as a whole, it is sufficient to prove the evidence of guilt (see, e.g., Supreme Court Decisions 2001Do1897, Jan. 8, 2002; 2007Do5845, Sept. 20, 2007).

According to the evidence and records duly adopted and examined by the lower court and the first instance court, the prosecution, upon receiving an anonymous information from the Defendant that the Defendant would not sell and administer phiphones, shall immediately arrest the Defendant on March 31, 2015, and shall marijuana along with phiphones in the Defendant’s vehicle.