마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, even if the defendant is not a person handling narcotics, the court below found the defendant not guilty of this part of the facts charged, and found the defendant not guilty of this part of the facts charged, in the singing room in Jinju-si B around October 11, 2017, even though he was not a person handling narcotics.
2. Determination
A. The summary of this part of the facts charged is not a person handling narcotics.
On October 11, 2017, the Defendant administered C Singing room located in Jinju City B, and administered approximately 0.03g of psychotropic drugs, in a manner of drinking, in the middle and beer.
B. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it was insufficient to recognize the Defendant’s intentional act in light of the following circumstances, etc. comprehensively admitted as a whole.
① The Defendant consistently denied intention during the investigation process up to this Court, and consistently complained of suppression that he/she is mixed with others even when the Defendant is detained, with the knowledge that he/she is mixed with others.
(2) The defendant, in the process of police investigation, stated that D had shown Mesatopists themselves, but failed to view such a face in the prosecution investigation process thereafter.
Although annoying is found on the statement, such as making a statement to the effect that the fact that he or she made such a statement is not memory, even though D had shown the Defendant’s Mesacule, it cannot be said that the Defendant was aware that he or she was mixed with the Mesacule, even if D had shown the Defendant’s Mesacule.
(3) In general, he/she was unaware of the narcotic drugs in the influence of alcohol.