The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the guilty guilty of the primary charge of this case, but it erred in the misunderstanding of facts.

B. The lower court erred by misapprehending the legal doctrine (preliminary charge) constitutes a case where the Defendant started to engage in an act of purchasing mersponises (one philopon; hereinafter “philopon”).

Nevertheless, the court below determined that it cannot be deemed that it commenced the purchase of philophones, which is erroneous in the misapprehension of legal principles.

2. Determination

A. The primary charges No. 1) No person other than a person handling narcotics, etc., may purchase psychotropic drugs. Nevertheless, on April 201, the Defendant: (a) around 20:0-21:00 to 00, the Defendant: (b) provided I’s request from the Gu “H theater” located in Gangnam-gu Seoul Metropolitan Government (Seoul), and purchased 300,000 won and 0.3 g of philophones contained in the for-use injection machine from the said J. (b) The lower court found the Defendant not guilty on the grounds that the primary charges of this case constitute a case where there is no proof of a crime, based on the circumstances indicated in its reasoning.

3 Judgment of the court below