마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is consistent from the investigative agency to the court of the court below, and the defendant made a statement that the defendant was dilutiond with a philophone containing a scopon and then was administered on several occasions, and thus, F's statement was rejected despite its credibility, and the judgment below which acquitted F of the facts charged in this case, which erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is not a person handling narcotics.
1) On January 20, 2014, around 20:00, the Defendant: (a) Mamotocul 205 located in Ansan-si C; and (b) Metepopic psychotropic drugs, E, psychotropic drugs (one philoopon; hereinafter referred to as “philoopon”).
(2) The Defendant received approximately 0.05 gs free of charge. (2) At the date, time, place, as described in paragraph (1), inserted philophones delivered from E into a disposable injection machine, dilution with water, and injected them into the blood pipe.
B. The lower court determined that the Defendant’s statement in E’s court room alone lacks to recognize the fact that the Defendant received phiphones and the Defendant’s phiphones, and that F’s statement is inconsistent and contradictory to E’s statement, and that E was unlikely to make a false statement while taking charge of his punishment, while F cannot be ruled out the possibility that he made a false report to the Defendant for the purpose of evading criminal punishment for receiving and administering phiphones, it is difficult to view that the evidence submitted by the Prosecutor alone was insufficient to prove that the facts charged in the instant case was proven to the extent that there is no reasonable doubt.
C. The prosecutor of the judgment of this court did not submit additional evidence in the trial. A thorough comparison of the judgment below and the evidence duly examined by the court below with the evidence examined by the court below, even if the defendant is examined E.