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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent with D in the investigative agency and the court below's decision that the defendant committed the crime, and the statement is supported by objective evidence, such as text messages, which is not consistent with D's statement, which is rather an element to enhance D's credibility, and the defendant's shotphone training reaction was supported by the shotphone training as a result of the defendant's maternity appraisal, which is supported by the fact that the defendant's shotphone training was habitually administered, the court below accepted only the defendant's assertion, and judged the defendant not guilty of the facts charged in this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The Defendant is not a person handling narcotics, etc. of this case.
1) On November 27, 2012, the Defendant, around November 26, 2012, received KRW 100,000,000 from D for the purchase price of philopon, along with the request to accept philopon from D, around November 26, 2012. Since then, the Defendant received approximately 2.1g of philopon in the house of Gangnam-gu Seoul E-gu Seoul E-building 803 and sold approximately 2.1g of philopon to D for one-time use, from November 27, 2012, at the same time and place as the preceding paragraph, and received approximately 0.7g of philopon which was contained in D for one-day use.
3) On December 1, 2012, the Defendant: (a) around 13:00 on December 1, 2012, at the home of the above D, received KRW 1,00,00 as the purchase price for philophones from D, along with the request to request to seek the philophones from D; and (b) thereafter, the Defendant sold approximately 1.4 g of philophones, which are contained in the part of the above D’s house, to D, on December 1, 2012. (c) At around 21:40 on the same day, the Defendant sold approximately 1.4 g of philophones, which are contained in the part of the single-use injection machine, to D. (d) on December 1, 2012.