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(영문) 창원지방법원 2018.01.17 2017노1916

마약류관리에관한법률위반(대마)등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) has not intentionally smoked marijuana.

In the house, 20g of marijuana was found and the facilities were removed from the inner toilets, and it seems that the facilities were inhaled in the process.

Since the facts charged related to the administration of philophones were not specified, the prosecution is null and void.

There is no map that philophones have been administered.

In the urine, the reason why the reaction to the training of philophones is not known.

Judgment

The Defendant asserted to the above purport in the lower court, and the lower court rejected the Defendant’s assertion on each of the circumstances indicated in its judgment.

In full view of the evidence duly adopted and examined at the court below, the judgment of the court below which found the defendant guilty of all the facts constituting the crime in the judgment below is just, and the defendant's assertion disputing this is without merit (the same shall apply even if the defendant did not appear in the court below's statement on the right of witness). In addition, the defendant at the court below alleged that he did not administer a phiphone, but according to each of the above evidence, it is recognized that the defendant's phiphone ingredients were detected from the defendant's urine collected on February 9, 2017, and according to this, it is recognized that the defendant administered a phiphone around that time.

The Defendant, who was designated as the upper line in the previous case

M from time to time visited the defendant's shop, and he is likely to see that he was aware of the fact of the crime proved by the above scientific evidence. However, this assertion is merely an excessively abstract doubt, and the defendant also stated that he was unable to gather if he had a philopon into the body of body of body of body of body of the defendant (the result of the examination of the court below) because there is a possibility of the end of the above day (the result of the examination of the defendant in the court below).

shall not be deemed to exist.

3. Conclusion.