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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor 1) misunderstanding of facts (not guilty part) found the Defendant at the prosecutor’s office to have confirmed the details of cell phone calls directly, specified on April 3, 2018, and confirmed that the Defendant traded and administered Metetetetetetetetetetetetetetebook on the said day. In full view of the monetary content of the seller E and the result of the maternity appraisal, etc., the above crime was found guilty. However, the lower court’s judgment that acquitted the Defendant on the purchase and sale and medication of Metetetetetetete E on April 3, 2018 is erroneous and adversely affected the conclusion of the judgment. 2) The lower court’s punishment (one year of imprisonment, confiscation, additional collection KRW 600,00)
B. The lower court’s punishment against the Defendant is too unreasonable.
2. Determination
A. On April 3, 2018, around 21:40 on April 21, 2018, the Defendant purchased and sold phiphones with cash of KRW 300,000,000 and approximately 0.7gg of philophones (10 glograms) (10 glophones) from the south-gu Incheon Metropolitan City’s dwelling place to E (44 years of age) from the seller of phiphones.
B) On April 3, 2018, the Defendant administered philophones by inserting approximately 0.1g of philophones purchased from E at the same place as the foregoing paragraph (A), in a single-use injection instrument, dilutioning them with biocom, and administering philophones in a way of injecting them into the blood cells of his left arms.
2) The lower court found the Defendant not guilty on the ground that the prosecution examination protocol alone with respect to the Defendant was insufficient to recognize this part of the facts charged. 3) The Defendant from the date on which the Defendant was prosecuted to the date on which “the purchase of philopon was made” was only twice on March 12, 2018 and May 19, 2018.
In April 3, 2018, E calls and calls with E, but E did not purchase philophones at the time because there was no philophones, and there was no fact of medication on the same day. The prosecutor's office erred by purchasing philophones and administered them on April 3, 2018.