검사(무죄부분에 대한 사실오인) F은 수사기관에서, 자신이 일명 K으로부터 필로폰 0.7g씩 들어있는 주사기 4개를 구입하여 피고인에게 1.4g, H에게 0.7g을 건네주고, 자신이 0.7g을 가져갔는데, 위 필로폰이 속칭 ‘멍텅구리’라는 것을 알게 되어 위 K에게 반품하기 위해 피고인으로부터 필로폰 0.8g을 건네받아 이를 자신이 가져갔던 0.7g과 함께 K에게 반품하고 필로폰 2.1g을 받았다고 진술하였다.

According to the above statement, since F returned the whole philophone which he brought to, and thus, F is part of 1.4g of philophones administered by the Defendant and F on the date and time indicated in this part of the facts charged, which is the date on which the Defendant and F are purchased, so it can be clearly recognized that the Defendant delivered F with F a 0.35g of philophones as indicated in this part of the facts charged.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

Defendant (compactingly unfair)’s imprisonment (one year of imprisonment, one million won of additional collection) is unreasonable.

Judgment

The summary of this part of the facts charged against the prosecutor's assertion of mistake of facts in the judgment of the court below, the defendant delivered the F a disposable injection machine containing approximately 0.35 g of philophones purchased as stated in paragraph (1) of the facts charged in the judgment of the court below, without compensation, so that F can administer philophones at the time, place, and F.

The lower court rendered a judgment on the following grounds, on the ground that it is difficult to view that this part of the facts charged is sufficiently proven to the extent that there is no reasonable doubt, and thus, it constitutes a case without proof of crime, thereby not guilty under the latter part of Article 32

1. The Defendant is administered by F with a penphone, not with a penphone from the Defendant, by the Defendant.