마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the Prosecutor’s summary of the grounds for appeal, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the Defendant could fully recognize that the Defendant received 0.07gggh from E for a patrolman on June 15, 2012, and purchased 0.3g for a philopon on June 15, 2012.
2. Determination
A. The summary of the facts charged in the instant case is not a person handling narcotics, and thus, the Defendant did not handle psychotropic drugs, such as clickphones (one philophones; hereinafter referred to as “philophones”), but received and purchased philophones as follows.
1) On June 15, 2012, the Defendant received approximately 0.07 ghopon from E in the E’s car parked on the road near the Daegu Suwon-gu Sindong Road, and received it. (2) On June 15, 2012, the Defendant decided to purchase the hopon in the front of the “F” letter in the Daegu Suwon-gu Suwon-gu Road or the hopon in the front of the E car parked on the road, and issued KRW 100,000 in cash to E on the said spot and delivered KRW 150,000 in cash to E, and transferred the remainder of the purchase price to the Industrial Bank of Korea (G) account under the name of H, 21:49:24 on the same day), and then purchased it from the hopon and purchased it.3 grams.
B. The lower court determined as follows: (a) out of the evidence submitted by the prosecutor as to the facts charged of this case, the part of the investigation report (to listen to the contents of a statement of E and a statement of investigation (to listen to the contents of a statement of witness H), which is a summary of some of the contents of the statement of this case, cannot be used as evidence to acknowledge the facts charged of this case because it has no admissibility as evidence; (b) the remaining evidence, i.e., the details of remitting KRW 150,000 to E under the name of H (in the investigation record, 56 pages and 63 pages); (c) the details that H sent the above money to E (in the investigation record, 268-269 pages); and (d) H remitted upon the Defendant’s request.