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(영문) 부산지방법원 2014.03.07 2013고단6959

마약류관리에관한법률위반(향정)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged is not a person handling narcotics.

On March 31, 2013, around 19:10, the Defendant provided F with approximately 30g of psychotropic drugs, which are psychotropic drugs, in the back beera, located in the domicile of Busan Dongdong-gu 201, 1506 E, 201.

Judgment

1. The Defendant asserts that the Defendant did not deliver phiphones to F at the date and place specified in the facts charged from the investigative agency to this court.

2. We examine the judgment, the prosecutor presents the statements made by F in this Court and the statements made by F in F, G, and H as evidence corresponding to the facts charged in this case.

First, in light of the following circumstances, F’s statement, which is a direct evidence corresponding to the facts charged in the instant case, is difficult to believe that there is no credibility in light of the following circumstances, comprehensively considering the evidence duly adopted and investigated by this Court and the materials bound to the investigation records.

① The facts charged of this case are as follows: F, a statement in the case No. 2013 type 50975 of the Busan District Prosecutors’ Office, confirmed the 112 dispatch date of the police on the basis of the statement that F, a statement in the case No. 2013 type 5075 of the Busan District Prosecutors’ Office, had been identified as a person related to drug transaction in order to cooperate in investigation; F, in the apartment where I’s wife E resides, there is a problem of tobacco smoke time in the apartment site where E, and it

② However, with respect to the time of committing the crime indicated in the facts charged, the Defendant, while smoking tobacco in the rear bend of the apartment house, together with the Defendant, for whom 20 minutes have passed since the police officer returned to the scene of tobacco smoke by the investigative agency, stated that the Defendant was in the lower room E (F was scattered in the plastic bed by dividing the plan by 10g units at the time of initial visit) and delivered it to himself.