마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (fact-finding) C and F’s statements, the court below rejected the credibility of the above statement and acquitted the Defendant on the ground that there are parts partially inconsistent with C’s statements and that F did not testify at the court below, as shown in the facts charged in the instant case, were erroneous in the misapprehension of facts.
2. The summary of the facts charged in the instant case is not a narcotics handler.
On September 21, 2009, the Defendant received KRW 3 million from C to the account of community credit cooperatives under the name of the Defendant, and sold 10 grams to C in front of the E located in Bupyeong-gu Incheon, Incheon.
B. Around September 22, 2009, the Defendant, at the Defendant’s home located in Bupyeong-gu Incheon Metropolitan City, sold approximately 10 gramphones to C, and on September 25, 2009, sold KRW 3 million from C to the same account by receiving KRW 3 million from September 25, 2009.
3. Determination
A. The lower court determined as follows: (a) as evidence consistent with the facts charged in the instant case, it appears that C’s statement, F’s statement, and the account of community credit cooperatives under the name of the Defendant were included in the evidence; and (b) as to the timing of purchase, C’s statement stated that at the investigation stage, C purchased phiphones from the Defendant on or before September 23, 2009, he had received education at G Education Institute; (c) in the court of the lower court, it stated that the Defendant purchased phiphones once before receiving the said education; (d) the date after receiving the education or after receiving the education; and (e) in relation to the payment of phiphones, the second transaction was paid at the investigation stage by account transfer and transferred KRW 3 million after receiving phiphones first, but it was paid in cash in the court of the lower court.