Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the fact of the administration of philophones)

(2) The lower court found the Defendant guilty on the ground that the Defendant violated the Defendant’s right of defense due to the lack of clear specification, such as the time and method of administration of philophones, purchase from anyone, etc., and thereby, found the Defendant guilty on the ground that the prosecution should be dismissed. In so doing, the lower court erred by misapprehending the legal doctrine.

B. In full view of the evidence duly submitted by the prosecutor, the court below found the charge that the defendant possessed a phiphone, but found the defendant not guilty of this part of the charges by misunderstanding the facts. 2) The punishment (one hundred months of imprisonment and three years of suspended execution) sentenced by the court below against the defendant is too unfasible and unfair.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of facts (the point of philophone medication) is based on the evidence duly adopted and investigated by the lower court, i.e., the Defendant was arrested on June 17, 2013 as a person who violated the Act on the Control of Narcotics, Etc. (fence) and was arrested on June 19, 200 during the investigation of the police, and ② the police was voluntarily submitted and inspected by the Defendant within the Incheon Airport Customs Office office around 17:40 on May 29, 2010; ③ a simplified medicine test conducted on the Defendant’s part of the same day (c) on the part of the Defendant’s urine, which was conducted on the same day. However, there was a voice response on the Melotephine, which is an philogram component, but later requested to the State and the water.