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The prosecutor's appeal is dismissed.
Reasons
1. Of the facts charged in the instant case, the lower court deemed that it was difficult to believe the E’s statement on the grounds that E reversed the statement on the important part related to the facts charged, among the facts charged in the instant case, which was acquitted by the lower court. However, in light of the R’s statement consistent with the E’s statement, E’s transaction details, telephone call details, and characteristics of the transaction of narcotics, etc., the E’s statement can be trusted, and accordingly, the facts charged in this part of the facts charged are proven to have been committed.
Therefore, the judgment of the court below that acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.
2. Determination
A. The summary of the charge of not guilty portion of the lower judgment, despite the fact that the Defendant is not a narcotics handler, dealt with the psychotropic drugs-related Mesophacopules (i.e., “copon”; hereinafter referred to as “philopon”).
(1) On November 30, 2017, the Defendant purchased and sold 0.2g philophones by receiving KRW 200,000 from E at C Hotel located in Geumcheon-gu Seoul Metropolitan Government, and selling 0.2g philophones.
(2) On December 2017, the Defendant: (a) received 200,000 won from E at the same place as the above paragraph (a); and (b) purchased and sold 0.2 g philophones.
(3) On January 9, 2018, the Defendant purchased and sold 0.2 g philophones by receiving KRW 200,000 from E at the same place as the above paragraph (a).
(4) On March 11, 2018, the Defendant: (a) purchased and sold 0.3g philophones by receiving KRW 200,000 from E at the same place as the above paragraph (a); and (b) purchased and sold 0.3g philophones.
(5) On March 12, 2018, the Defendant: (a) received KRW 3.50,000 from E from the French-dong, Yeongdeungpo-gu, Seoul; and (b) purchased and sold 0.7g philophones.
(6) On March 15, 2018, the Defendant: (a) received KRW 350,000 from E on the road located in the Yongsan-gu Seoul Metropolitan Government Dae-dong and purchased and sold approximately KRW 0.7g of phiphonephones.
(7) The Defendant around March 24, 2018.