마약류불법거래방지에관한특례법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In full view of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (misunderstanding of the facts), the court below found the defendants not guilty of the facts charged of this case, although the defendants acquired and possessed the white dust of this case by recognizing it as a philophone.
2. In a criminal trial, the burden of proof for the criminal facts prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt for guilt against the defendant, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). The court below found the defendant not guilty on the grounds that the evidence, such as the statement in the investigation agency by the defendants, etc., on the grounds of the reasons for innocence, holding the white dust of this case “in the course of recognizing it as a written phone,” and found the defendant guilty on the grounds that there is insufficient evidence
In a thorough examination of the judgment of the court below in light of the evidence records, the judgment of the court below is just and acceptable, and there is no error of misconception of facts as pointed out by the prosecutor in the judgment of the court below.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.