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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: In addition to the fact-finding and misunderstanding of the legal principles, the defendant's failure to comply with the police's prosecutorial test and hair test on September 8, 2017 and escaped, and the defendant's vindication as to the result of the above maternal test, etc., the defendant can fully be found to have been guilty of the facts charged in the instant case, even though it was sufficiently recognized that the defendant administered a telephone on September 9, 2017, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of legal principles and misapprehension of legal principles.
2. The lower court, based on the circumstances indicated in its reasoning, found that the instant facts charged were proven without reasonable doubt, solely based on the result of the Defendant’s maternity appraisal.
It was determined that there was a lack of view.
The judgment below
C. The following circumstances revealed by the record are as follows: (a) the Defendant voluntarily appeared at the police station in Seocho-gu, Busan on November 24, 2017 at the latest and consented to the appraisal of his defense and hair; (b) the Defendant’s statement of narcotic investigation by the National Institute of Scientific Investigation which appraised the Defendant’s mother’s hair “the statement of narcotic appraisal” means: (c) the division analysis for presumption of the time of administration of narcotics, etc. at the maternity is conducted at least 90 times, and only when the length of the hair is at least 6 cm, at least 3 cm from the mother to the mother; (d) the Defendant’s hair and 80 days (the investigation record No. 448 of the investigation record) stated that the Defendant’s hair did not perform a divided analysis with a short length and carried out an examination without taking a whole hair, and it is difficult for the prosecutor to acknowledge the existence of the above additional reasons for the prosecutor’s appeal or defense for the following reasons.
3. Conclusion.