마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant sold phiphones to C is recognized.
2. Determination
A. The Defendant is not a person handling narcotics.
On December 2, 2016, the Defendant sold and purchased approximately 1.1g of the psychotropic drugs, a psychotropic drug, within one million won from C, which was stopped in the vicinity of the Seocho-gu Seoul Metropolitan Government B apartment security room, at a low time. The Defendant sold and purchased the psychotropic drugs by delivering approximately 1.1g of the Mepta (hereinafter “Mepopon”).
B. The lower court found the Defendant not guilty on the ground that it is difficult to view that the Defendant, with the evidence submitted by the prosecutor alone, sold a phiphone to C without reasonable doubt, is difficult to prove that the Defendant sold the phiphones.
C. Examining the evidence duly adopted and examined by the court below (the prosecutor applied for the examination of witness to CFG, etc. at the court below and withdrawn all of them) and comparison with records, the above facts and circumstances of the court below and its judgment based thereon are justified and acceptable. Thus, the prosecutor's above assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.