The prosecutor's appeal is dismissed.

1. According to the E’s statement, etc. with credibility of the grounds for appeal, the court below acquitted the Defendant on the charge, either by misapprehending the facts or by misapprehending the legal principles, although it could sufficiently recognize the fact that the Defendant sold or administered phiphones, as recorded in

2. The Defendant is not a narcotics handler.

A. At around 19:10 around August 2010, the Defendant received 50,000 won from E to 10,000 won, and 0.4g gramphones from F to 19:10,000 on the frontway located in Dongjak-gu Seoul Metropolitan Government.

Accordingly, the defendant sold philophones to E through F.

B. On August 14:00 around 2010, the Defendant received 800,000,000 won from the Defendant’s house near H located in Gwanak-gu in Seoul Special Metropolitan City, for which the Defendant requested the purchase of phiphones from E, and gave F with approximately 0.8g of phiphones.

Accordingly, the defendant sold philophones to E through F.

(c)

Defendant 1 administered approximately 0.1g of opononon in the same place as at around 14:00 on the same day as described above (b) in a way of injecting it into his own arms after dilutioning about 0.1g of oponon into water.

(d)

On September 20, 2010, the Defendant received 300,000,000 won in front of D in Dongjak-gu Seoul Metropolitan Government, which was requested by E to purchase phiphones, and gave F with approximately 0.3g of phiphones.

Accordingly, the defendant sold philophones to E through F.

E. The defendant is the defendant D.

On the 21:00th day following the date stated in the port, F, who was requested to purchase phiphones from E, received KRW 80,000,00, and 0.8g of phiphones to F, around 21:00.

Accordingly, the defendant sold philophones to E through F.

F. On October 23, 2010, the Defendant: (a) at a telecom with which the trade name in the Gwanak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), at around 01:00, does not know; and (b) upon receipt of a written request from E for the purchase of telephones, F. 80.