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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal, C and H consistently stated that C traded phiphones with each other prior to the arrival of the Defendant, and C have consistently stated in the investigative agency and court of the court below that they sold phiphones purchased from the Defendant from Manana and H, and the Defendant recognized C at the investigative agency and court of the court below that there was only the date and time indicated in the facts charged in the instant case, and the Defendant and C have no reason for any separate purchase of phiphones, such as the date and time indicated in the facts charged in the instant case, and at the place indicated in the instant facts charged, the court below acquitted the Defendant of the facts charged in the instant case. The court below erred by misapprehending the facts and violating the rules of evidence, thereby affecting the conclusion of the judgment.
2. Determination
A. The Defendant is not a person handling narcotics, etc. of this case.
1) On January 19, 2013, the Defendant purchased Handphones, around 17:00 on January 19, 2013, to C, on the road at the entrance of the twits Island located in the Seocho-gu Busan Metropolitan City, Busan Metropolitan City, for psychotropic drugs (hereinafter referred to as “Handphone”).
(2) On February 5, 2013, the Defendant purchased 200,000 won from C with approximately 0.4 g of opon, which was issued with approximately KRW 0.4 g of opon. (2) around February 5, 2013, the Defendant purchased opon around February 16, 2013 at the entrance of Topon located in the Seocho-dong, Busan Metropolitan City, for the purchase price of copon as a copon, and purchased 0.4 g of opon from C with approximately KRW 0.4 g of opon.
3. On March 2013, 2013, the Defendant purchased a junopon from the Suwon bus terminal toilet, which is located in the inciting the right of a patrolman, the Defendant purchased 4,50,000 won from C in the name of a junopon, and purchased 0.8g of a junopon from C, in the name of a junopon.
B. The judgment of the court below is made by the defendant three instances from C.