All appeals filed by the prosecutor against the Defendants are dismissed.

Defendant B made a statement from the investigative agency to the court that “the defendant smokes and possesses synthetic marijuana upon obtaining synthetic marijuana from the defendant A” (as to the part of innocence against the defendant), the summary of the grounds for appeal (public prosecutor) and the fact-finding (as to the part of innocence against the defendant), and considering the following circumstances, the court below that acquitted the defendant A and B of this part of the facts charged, despite the credibility of the above statement, is erroneous in the misunderstanding of facts.

Defendant

B The Defendant A made a concrete statement on the conversation that Defendant A divided into synthetic marijuana, and the Defendant A consistently made a statement about the place of contact. At the time of the instant case, the fact that the Defendants were at the same place is also recognized by the location of the base station where the Defendant’s cell phone calls were sent.

In light of who requested synthetic marijuana, Defendant A smoked the synthetic marijuana, and the legal statement made by Defendant B at the time of the instant case differs from the statement made by some investigative agencies, but Defendant B was affected by drugs to be used in driving a vehicle after the synthetic marijuana smoking at the time of the instant case, and the interval between the instant crime and the legal statement at about one year, the credibility of the statement made by the investigative agency cannot be deemed to exist.

Defendants are very closely-friendly among the Defendants, and Defendant A argued to the effect that “Defendant B, along with Defendant A’s branch, had a cafeteria manage money on the ground that Defendant B had a cafeteria operate a restaurant, and had a cafeteria manage money.” However, there is no reason for Defendant A to be able to commit the crime only on several occasions, and Defendant B received the police investigation on February 21, 2019, even after undergoing the police investigation.