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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence such as the date and time stated in the instant indictment, the credibility of the F’s statement that the Defendant was issued a Mepter, and other evidence, including G and H’s respective statements and sending details, and the details of 112 declaration, the lower judgment that acquitted the Defendant even though the facts charged in the instant case are sufficiently proven, is erroneous in matters of mistake of facts.
2. Determination
A. The Defendant is not a person handling narcotics, etc. of this case.
On March 31, 2013, around 19:10, the Defendant provided F with approximately 30g of psychotropic drugs, which are psychotropic drugs, in the back beera, located in the domicile of Busan Dongdong-gu 201, 1506 E, 201.
B. The lower court found the Defendant not guilty on the ground that the F’s statement, a direct evidence consistent with the facts charged in the instant case, is insufficient to believe that the credibility of the testimony of the F, which is a direct evidence to the facts charged in the instant case, is difficult, and that the statement and the sending content in each investigation agency about the psychiatrist and H are insufficient to recognize the instant facts charged
C. In full view of the following circumstances acknowledged by the court below's judgment and the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond reasonable doubt that the defendant delivered phiphones to F on the temporary border as stated in the facts charged in this case, and there is no other evidence to acknowledge this otherwise, so the above judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of the facts pointed out by the prosecutor.
(1) The time of the crime described in the facts charged in the instant case is returned to the police officer dispatched as a matter of tobacco smoke time, and the Defendant used tobacco in the back bend of the apartment house with the Defendant for the past 20 minutes.