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The judgment below
The acquittal portion shall be reversed.
Of the facts charged in the instant case, the sale of the Mepta shall be caused.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (one year of imprisonment, additional collection of 100,000 won) is too unreasonable.
B. The prosecutor (non-crime part) D is recognized as the fact that the Defendant made a consistent statement on the date and time of purchasing mert cloids from the Defendant (hereinafter “written clopon”), or the Defendant made an inconsistent statement on the process, place, etc. of contact.
However, D made a statement because he/she was aware that he/she was subject to criminal punishment, and so he/she made a confession that he/she purchased phiphones from the defendant. At the investigation stage, he/she did not pay attention to the date of purchase of phiphones and stated that he/she denied the fact that he/she sold phiphones, and only made a statement at the court of the court below by calling
Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that D’s statements are not reliable, and the lower court erred by misapprehending the facts.
2. The prosecutor of the judgment ex officio changed the date and time of the crime among the facts charged in the charge of innocence from May 7, 2017 to around May 5, 2017 to “ around the day, May 5, 2017,” and applied for an amendment to a bill of indictment with approximately 3.23g “a approximately,” and since this court permitted this, the portion of the judgment below’s acquittal cannot be maintained any longer.
However, despite the existence of such reasons for ex officio reversal, the contents of the facts charged and the issue of judgment are substantially identical, so the reasons for the prosecutor's appeal still are subject to the judgment of the party.
3. Judgment on the Prosecutor’s misunderstanding of facts (non-indicted 1)
A. Around May 5, 2017, the Defendant, at the entrance of the building A of Echeon-si, sold phiphonephones in a way that Dolopon 3.23 g, a local mental medicine, was dried and promised to receive KRW 1.5 million from the price thereafter, even though he is not a narcotics handler.
(b).