All appeals are dismissed.

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds of appeal, the lower court’s finding the Defendant guilty of violating the Act on the Control of Narcotics, Etc. from among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, according to the records, the defendant alleged in the statement of grounds of appeal that the crime of purchasing the instant phiphone was caused by a naval investigation, and the court below did not clearly withdraw the assertion on the trial date of the court below, but did not render any judgment as to this.

However, examining the evidence duly adopted by the court below and the court of first instance, it is difficult to recognize that D or C committed an act that can be assessed to the same extent as the use of tricks or schemes with a direct relation with an investigation agency and caused a criminal intent against the defendant who did not have a criminal intent, and such error of omission of judgment does not affect the conclusion of the judgment.

2. Examining the grounds of appeal by the public prosecutor in light of the relevant legal principles and records, it is just to maintain the judgment of the court of first instance which dismissed the public prosecution on the ground that it cannot be deemed that the facts charged were specified as to the violation of the Act on the Control of Narcotics, etc. from Handphone medication among the facts charged in the instant case, and there is no error of law by misunderstanding the legal principles as to

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no statement in the petition of appeal or appellate brief that there is no objection against it.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.