1. The judgment below is reversed.

2. The defendant is innocent; 3. The summary of the judgment of innocence shall be published by the defendant.

1. The gist of the grounds for appeal is that the Defendant: (a) received a request from C to seek writingphones from around June 25, 2012; and (b) sold approximately 5g of writingphones received from D around the 27th day of the same month; (c) however, the lower court accepted the facts charged in this case and convicted the Defendant; and (d) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. On December 28, 2007, the Defendant was sentenced by the Seoul High Court to five years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul High Court on December 28, 2007, and was not a person handling narcotics, who completed the execution of the sentence in the Ganbuk Vocational Training Prison on March 1

On June 25, 2012, the Defendant received a request from C, which was known to Pyeongtaek, to seek psychotropic drugs, from the Defendant, and then delivered the intention to D with philopon, and received approximately five g of philopon from D.

After that, around 22:00 on June 27, 2012, the Defendant: (a) received approximately 5g of the said philopon (hereinafter “instant philopon”) from C in the C Driving C’s character car parked on the road in front of the F hotel located in Songpa-gu Seoul Metropolitan Government; (b) 1,500,000 won for the philopon.

Accordingly, the Defendant conspiredd with D to sell and purchase phiphones.

3. The prosecutor bears the burden of proving the facts charged in a criminal trial for judgment. The burden of proving the facts charged should be determined by the evidence of probative value so that a judge may not have reasonable doubt and conviction of the facts charged. The mere fact that there is no doubt about the facts charged is insufficient. Unless such proof is given, the court shall determine the profits of the defendant as the interests of the defendant and determine the defendant not guilty of the facts charged.

(See Supreme Court Decision 2010Do6761 Decided August 26, 2010) The evidence that corresponds to the fact that the Defendant sold the instant phiphone to C is the fact that the Defendant sold the instant phiphones.