마약류관리에관한법률위반(향정)
205Do20 Violation of the Act on the Control of Narcotics, etc. ( natives)
Defendant
Defendant
Seoul Central District Court Decision 20043388 Delivered on December 30, 2004
March 24, 2005
The appeal is dismissed.
70 days of detention after an appeal shall be included in the calculation of the original sentence.
The so-called naval investigation refers to an investigation method by which the investigative agency, for a person who does not have the original criminal intent, induces the criminal intent by using tricks, tricks, etc., and arrests the criminal. Thus, if a person who has the criminal intent gives an opportunity to commit a crime or makes it easy to commit a crime, it cannot be said to be a naval investigation (see, e.g., Supreme Court Decisions 2004Do1066, May 14, 2004; 98Do2753, Nov. 24, 1998). According to such legal principles and records, the court below determined that, in light of the circumstances stated in its reasoning, the defendant cannot be deemed to have caused only a criminal intention at his request, and that each of the crimes of this case is just and acceptable, and there is no violation of law of misunderstanding of facts or misunderstanding of legal principles as to an attempted crime due to a violation of the rules of evidence.
In addition, the court below recognized that the defendant purchased approximately 2 g of Mascam in a white color state from Non-indicted 3 on the part of Non-indicted 2's mediation and acknowledged that the defendant had dolusis at least that he is the Mascam citizens even if the defendant doubtfuls the authenticity of the Mascam in the form of Mascam, and then recognized that the above Mascam is the Mascam citizens. Even if the defendant knew that the Mascam was administered by the method of drinking with his hand while driving the Mascam citizens, even if there was no awareness of the intention of Mascam, the court below held that the violation of the Act on the Control of Narcotics, etc. by the Mascamscam medication was established in light of the records, and there is no error of law
Therefore, the appeal shall be dismissed and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Jae-sik
Justices Kang Jin-bok
Justices Shin Hyun-chul
Justices Kim Young-young