마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is consistent with the finding of the case where the defendant was hospitalized in the hospital, but the court below found the defendant guilty despite the absence of the fact that he delivered phiphones to E as stated in the facts charged, and the judgment of the court below is erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.
2. The lower court, based on the following circumstances acknowledged by the evidence of the time, found the credibility of the E’s statement and found the Defendant guilty of the charge of the instant case, on the grounds that: (a) the E’s prosecutorial investigation conducted by the Prosecutor’s office, and the process and method during which the E received phiphones from the Defendant to the court of the lower court; (b) the aforementioned statement coincide with objective data, such as the telephone conversations between the Defendant and E at that time; and (c) it is difficult to find out the circumstances that E had intended to mislead the Defendant; and (d) it was difficult for the E to find out the circumstances that
In a thorough examination of records by comparing the various evidences adopted by the court below through legitimate examination of evidence, the judgment of the court below is just and it cannot be said that there was an error of misconception of facts.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.