마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that E’s statement at the prosecutor’s office is not reliable due to the lack of consistency in the quantity and timing of sale of phiphonephones, method of determining the price, and timing and method of payment. Rather, E stated in the court below that it was not a delivery of phiphones to the Defendant. Although it is difficult to eliminate reasonable doubt due to the record of meeting, telephone conversations, etc., the court below found the Defendant guilty of the facts charged in
2. According to the reasoning of the lower judgment, the lower court found the Defendant guilty of the instant facts charged on the ground that, in light of the circumstances as indicated in its reasoning, the testimony in the lower court’s trial of E, a phiphone provider, is under reliability, while the statement in the three-time interrogations of E, was recognized as credibility.
The judgment below
Examining the reasoning of the lower court in light of the evidence duly admitted and examined, the lower court recognized the aforementioned measures as legitimate, and did not err by misapprehending the legal principles as to the credibility of the E’s statement as alleged in the grounds of appeal.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.