Text
The prosecutor's appeal is dismissed.
Reasons
With respect to the main points of the grounds for appeal (based on factual errors and misapprehension of legal principles), the statements of E, which the defendant received marijuana from the defendant, are consistent and concrete, and the above statements are objectively supported by the marijuana confiscated from E, and in relation to this part of the facts charged, it became final and conclusive upon receiving the above summary order (based on the facts that E received approximately 2.5g of marijuana from the defendant and received it from the defendant, and the above summary order became final and conclusive (based on the facts charged, the Daejeon District Court Decision 2011 High Court Decision 201Da1418), even if the facts charged are found guilty, the judgment of the court below
With respect to the smoking part of marijuana, in full view of the facts charged by the Defendant’s criminal power, E, and F’s statement at an investigative agency, and the facts charged, F, together with the Defendant, was convicted of the facts charged that smoking marijuana was committed by E and the Defendant (Korean District Court High Court Decision 2012No. 1162), the lower court erred by misapprehending the legal principles or misapprehending the legal doctrine, even if this part of the facts charged was found guilty.
In a thorough examination by comparing the reasoning of the judgment below with the records, the court below is justified in finding the defendant not guilty on the ground that each of the facts charged in this case constitutes a case where there is no proof of a crime, and it does not seem that there was an error of mistake of facts or misunderstanding of legal principles as argued by the prosecutor.
If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.