마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. Although the gist of the grounds for appeal can be recognized the credibility of each of the statements in the prosecutor's office and the court below which correspond to the facts charged in this case, the court below acquitted the defendant as to the facts charged in this case, considering that the above statement is not reliable, and the court below erred by misunderstanding the facts and affecting the conclusion
2. Determination
A. The summary of the facts charged in the instant case is that the Daegu District Court sentenced one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on July 1, 201 and was not a person handling narcotics, who completed the execution of the sentence on December 27, 201.
On March 16, 2012, at around 20:0, the Defendant provided D’s 0.03g of approximately 0.03 grams to D’s Mepurged vehicle, which was parked on the road near the Home Pungdong in Daegu Suwon-gu.
Accordingly, the Defendant received psychotropic drugs-related Mesacams.
B. The lower court, on the following grounds, acquitted the Defendant on the grounds that the prosecutor’s office and the court below rejected the credibility of the statement in D, consistent with the facts charged in the instant case, and that there is no other evidence to acknowledge the facts charged in the instant case
D’s statement is consistent with the facts charged in the instant case. The purport of D’s statement is that “D was made after telephone conversations with the Defendant who was in Ulsan on March 16, 2012, and it was promised to do so, and on the same day, the Defendant, who was boarding a train in Ulsan, parked on his own car in the Dong zone and parked on the road adjacent to the The Home Stacker located in Ulsan-dong, and the Defendant went out of the train and went back to the house and returned from the Defendant who returned to the vehicle at around 20:00 on the same day.” Accordingly, the Defendant moved D in the Dong zone to the vicinity of the Yellow-dong Home Stacker located in Ulsan-dong.