마약류관리에관한법률위반(향정)
The defendant shall be innocent.
1. The Defendant is not a narcotics handler.
On July 2012, the Defendant ordered a person who is unable to know his/her name residing in the UK to put about approximately 6.8gg of AM-2201 (JWH-018 similar body) psychotropic drugs in the name of the Defendant’s English name. AM-2201 (BL-2201), a person whose name cannot be identified, sent the above AM-2201 to Seoul building e-mail, which the Defendant was working in Songpa-gu (BLAK MAE 99 ULTRA), SPK 9 ULE 99 ULE and Lone Star (PLAR).
On July 19, 2012, the above international postal item was sent from the United Kingdom and passed through customs search units of the International Postal Distribution Center at the Incheon National Port in Jung-dong, Jung-gu, Incheon on July 20, 2012, at around 17:00, from July 20, 2012.
As a result, the Defendant imported approximately 6.8g of psychotropic drugs.
2. Determination
A. The recognition of facts constituting an offense in a criminal trial must be based on strict evidence of probative value, which leads a judge to such a conviction as to the extent that there is no room for reasonable doubt.
Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictoryly or uncomfortable dismissal, it should be determined in the interest of the defendant.
(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)
On July 19, 2012, an international postal item containing approximately 6.8ggg of AM-2201, psychotropic drugs, which is the Defendant’s English name, and whose addressee is the Defendant’s English name, and the Songpa-gu Seoul E building B1, which is the address of the driving range at which the Defendant was working, was sent from England, and arrived at the Incheon Airport on July 20, 2012, based on the evidence submitted by the Prosecutor.