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(영문) 부산지방법원 동부지원 2019.06.12 2018고단1703

마약류관리에관한법률위반(향정)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is not a person handling narcotics:

A. From around 23:00 on October 6, 2016 to 24:00 on the same day, among B hotel rooms located in Gangnam-gu Seoul, the phone called to C, and changed psychotropic-related mailpacters (one philophone; hereinafter referred to as “philophone”). Around that time, two philophones were sent by using two philophones, which contain philophones non-opopon, from C, found as the above guest rooms, and received philophones by using two philophones.

B. On October 7, 2016, at the place described in paragraph 1, a disposable injection device received from C, such as paragraph 1, was issued to D with philophones containing philophones.

2. The Defendant, from the investigative agency to the instant court, was only in the form of plastic paper boomed in front of the B hotel guest room from C, and the facts charged are as follows.

There is no one-time injection containing philophones, such as described in the paragraph, and D does not contain any one-time injection, and the facts charged at D.

There is no single-use injection containing philophones, such as described in the port, and consistently denies the facts charged.

On the other hand, the direct evidence corresponding to each of the above facts charged has been made by the witness C and D in this court and the investigative agency, but each of the above witnesses' statements in this court and investigative agency is hard to believe for the following reasons.

① 필로폰을 수수한 수량이나 수수방법은 이 사건 공소사실의 핵심인데, C은 처음 검찰에서는 ‘자신이 소지하고 있던 필로폰을 1회용 주사기 2개에 각 1칸 반씩 담아 편지봉투에 넣어 건넸다’는 취지로 진술하면서 김밥이 든 비닐봉지에 대한 언급은 전혀 없다가, 피고인과의 대질신문에서는 ‘주사기 1개에 2칸을 담아 건넸다’는 취지로 진술하면서 비로소 필로폰이 들어있는 주사기를 담은 편지봉투를 김밥이 든 비닐봉지 속에 넣어 교부했다는 취지로...