The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The judgment of the court below which acquitted the defendant even though it has sufficiently proved the facts charged in this case, in light of the following: (a) the defendant's hair was found in three sections (1 cm, 1 4 cm, 4 cm, and 4 cm) (hereinafter referred to as "propopon"); and (b) the informant D (hereinafter referred to as "D")'s statement was sufficiently reliable, such as the fact that the defendant was subject to criminal punishment due to the administration of a phiopon, and the fact that the defendant was put on probation, etc.; and (c) there was an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

However, even though the Defendant was not a narcotics handler, on March 2014, 201, administered narcotics, etc. by drinking alcohol, which is psychotropic drugs, on drinking water, etc., or by injecting narcotics, using the injection equipment, on the body of the Defendant.

Judgment

The burden of proof for the crime prosecuted in a criminal trial is the public prosecutor, and the conviction shall be based on the evidence with probative value, which makes the judge feel true beyond a reasonable doubt, so that there is no such evidence. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do6110 delivered on February 11, 2003, etc.). In light of the above legal principles, the Health Center, D’s statement to the investigation agency as evidence that conforms to the facts charged of the instant case (hereinafter “D’s statement”), the Busan Scientific Investigation Institute’s reply to the request of appraisal by the head of the Busan Scientific Investigation Institute (hereinafter “A’s statement”), the prosecutor’s investigation report (as a result of the suspect’s maternity examination), the examination report by the prosecutor’s office (as a result of the suspect’s maternity examination), the examination paper on whether narcotics, etc. using biological samples are taken using biological samples,