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(영문) 인천지방법원 2014.02.05 2013고단5488

마약류관리에관한법률위반(향정)

Text

The defendant shall be innocent.

Reasons

1. On December 21, 2007, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on December 21, 2007, and was not a person handling narcotics, who completed the enforcement of the sentence at the Incheon Detention Center on July 8, 2008.

On September 15, 2008, the Defendant purchased a philopon with a single-use injection device containing approximately 0.7g of psychotropic drugs, from a psychotropic person, at a flopon in which it is difficult to know the trade name adjacent to the DD building in the Nam-gu Incheon Metropolitan City, and at a flopon with a single-use injection device containing approximately 0.7g of psychotropic drugs.

2. Determination

A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions are to be ensured, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

B. The core evidence in the instant case lies in witness E, F’s legal and investigative authority’s statement, and telephone conversations between the Defendant and E.

(1) First, we examine E’s statements.

E reported the Defendant at an investigative agency on February 2, 2009, at around 19:00 to 20:00 as of the end of August 2008, E stated that the Defendant provided approximately 1g of philophonephones contained in the one-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-time-of-case-of-the-day-state-state-of-case-of-the-day-state-state-of-state-state-of-state-state-of-state-state-U.S.-U.-U.-U.S. (hereinafter referred to as “the first day-time-of-state-state-of-state-state-of-state-state-U.S.-U.-U.-U.S.-U.-U.-U.-U.S.-U.-U.-U.S.-U.-U.-U.S.-A.-U.-U.