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(영문) 대구지방법원 2014.10.16 2014고단3405

마약류관리에관한법률위반(향정)

Text

The defendant shall be innocent.

Reasons

1. The Defendant, who is not a person handling narcotics, did not deal with the psychotropic drugs-related camblopon (one philopon, hereinafter referred to as “philopon”), but received and purchased the camlopon as follows.

On June 2012, the Defendant received approximately 0.07 grams from E in a vehicle of E parked on a road near "D" located in Daegu Suwon-gu, Singu, 2012.

B. On June 15, 2012, the Defendant agreed to purchase a 100,000 won in cash from E on the same page, which was parked on the road of the “F” in Daegu Suwon-gu, or the “F”, and purchased the 0.3 grams from E to E to transfer the remainder of the purchase price of KRW 150,000 to the Bank’s account under the name of E (G) (the remittance by H, 21:49:24 on the same day).

2. The evidence that conforms to the above facts charged or seems to correspond thereto is ① the part of the investigation report (to listen to the contents of the investigation record) summary of the E’s statement and E’s statement (to the end of 263 pages), ② the statement that H remitted 1.50,000 won to E in the name of H (to the 56 pages, 63 pages), ③ the statement that H made a telephone conversation with the Defendant to send the said money (to the 268-269 pages of investigation record), ④ the statement that H remitted to E upon the Defendant’s request (to the 263 pages of investigation record, the prosecutor’s statement about H), ④ the statement that H was transferred to E on June 15, 2013 (the investigation record, the 363 pages of investigation record).

However, the protocol of statement of the Do governor E is admissible because the defendant did not consent to the admissibility of evidence and the recognition of the establishment was not proven by the statement of the original person, video-recording or any other objective method.