The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the defendant, who is not a narcotics handler, could sufficiently recognize the fact that he administered phiphones on two occasions as stated in the facts charged, the court below erred by misapprehending the facts, thereby finding the defendant not guilty of the facts charged.

2. Determination

A. The Defendant is not a narcotics handler.

On May 23, 2016, the Defendant, at around 02:10 on May 23, 2016, administered meconium clocks (one philopon; hereinafter referred to as “philopon”) of the Defendant’s female clocks in Ulsan-gu, Ulsan-gu, by inserting approximately 0.03g of clopon into a disposable injection machine and dilution with water.

On July 5, 2016, the Defendant administered approximately 0.03g philopon at G’s residence located in the Dong-gu F building 203, Ulsan-gu, Ulsan-gu, Seoul-do, in the above manner.

B. The lower court’s judgment: (a) the following circumstances acknowledged by the evidence duly adopted and examined by the lower court; (b) the statement made in G’s investigative agency as to whether the Defendant was directly present about the administration of phiphones; (c) whether the Defendant was in possession of the phiphones; and (d) G’s statement to the lower investigative agency as to whether the Defendant was in possession of the phiphones was reversed in the court of the lower judgment; and (b) G was able to see whether the other party was administered at the time of sexual intercourse; and (c) in light of the statement made in an investigative agency that did not properly engage in sexual intercourse, it is difficult to believe the part of the statement that the Defendant was aware of the administration of phiphones

It is impossible to conclude that G investigative agency’s statement is the fact that G actively informed of the instant crime for its own interest in the situation of being detained through consultation on the purchase of phiphones at the time, and that G is the purchase and medication of phiphones.