마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is not only reliable, but also accurately specify the date, time, and place of the instant facts charged. Since the mobile phone calls of the Defendant reinforces the above E’s statement, the Defendant could fully be found guilty of the instant facts charged, the lower court rendered a judgment of not guilty on the grounds that there is a lack of evidence to acknowledge the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. In light of the following circumstances, the lower court found the Defendant not guilty of the instant charges on the grounds that: (a) the witness C and D’s respective legal statements and investigation reports (as to the act of the person under investigation at the time of the execution of a warrant of search, seizure and verification); (b) E’s written statement and investigation report (in addition to the details of the cell phone call call and the location of the base station); and (c) a written reply for appraisal request (as to the result of a maternity appraisal), it is difficult to recognize that the Defendant administered phiphones at the time and place indicated in the instant charges; and (d) there is no other evidence to acknowledge otherwise
① On May 25, 2011, from May 26 to 26, 2011, the police made a statement to the effect that “A prior to the restaurant located in G Park in Daegu-gu, the Defendant talked on his line and the path, and at the time, the Defendant was taking a large part in the cell phone calls.” According to the cell phone calls, the Defendant appears to have been near the above place around May 25, 201.
However, E's statement is not a direct witness of the defendant's philophone medication, but a symptoms face showing when the defendant administered a philophones, and the behavior will go through.