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The defendant's appeal is dismissed.
Reasons
The court below sentenced a fine of 3 million won to the violation of the Act on the Control of Narcotics, etc. (hereinafter "the Act on the Control of Narcotics, etc.") due to the smoking of marijuana, and sentenced a fine of 8 months to the violation of the Act on the Control of Narcotics, etc. (
In this regard, since only the Defendant appealed on the violation of the Act on the Control of Narcotics, etc. (marijuana) due to the purchase of marijuana, the part of the judgment below on the violation of the Act on the Control of Narcotics, etc. (marijuana) due to smoking that the Defendant and the prosecutor did not appeal is separated and confirmed, and the scope of the judgment of
The defendant alleged as to the grounds for appeal (fact-finding) is only the case where B independently purchases marijuana, and he did not purchase it together with B.
Nevertheless, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment by misunderstanding that the facts charged are guilty by believing only B’s statement that falls short of credibility.
(A) The Defendant asserted unfair sentencing in the petition of appeal, but the Defendant withdrawn it on the first day of trial). The Defendant asserted to the same purport in the lower court, and the lower court rejected the Defendant’s assertion that he had credibility in the testimony of the lower court in the lower court, and convicted all of the facts charged.
In light of the evidence duly admitted and examined by the court below, a thorough examination of the judgment of the court below is justified. The judgment of the court below is not sufficient to reverse the judgment of the court below because the statement of the witness P applied by the defendant at the court below was difficult to believe it as it is for the following reasons, and there is no counter-proof otherwise.
There is no mistake of facts or any violation of the rules of evidence pointed out by the defendant.
1. P 'CCTV' is marked at this Court ( March 24, 2019).