The appeal is dismissed.

1. As long as the defendant alleged in the appeal expresses his intention to purchase and pays the purchase price, the defendant should be deemed to have commenced the sale of phiphones.

The court below erred in the misapprehension of legal principles that the court below did not commence the enforcement on the grounds of various circumstances.

2. The crime of buying and selling narcotics is a so-called crime with no special ground to regard the timing of the commencement of the commission in selling and purchasing narcotics differently (see Supreme Court Decision 2015Do13915, Dec. 10, 2015; Supreme Court Decision 2015Do13915, Dec. 10, 2015). The lower court did not reach the commencement of commission

The decision is just and not erroneous in the misapprehension of legal principles.

Unless it can be evaluated that the commencement of a real act has reached the commencement, it cannot be punished as an impossible attempted crime.

3. We cannot accept the appeal by the prosecutor of conclusion.