마약류관리에관한법률위반(향정)
The judgment below is reversed, and the case is remanded to the Seoul Western District Court.
The grounds of appeal are examined.
1. The facts charged in the instant case were administered in such a way that the Defendant could not know at the time from September 17, 2016 to September 26, 2016, in a way that it is impossible to identify a quantity of crypiles that could not be known at a place where the Seoul, Incheon, or the Dong-gu is unknown.
“” is:
2. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.
However, it is difficult to accept the judgment of the court below for the following reasons.
A. From the time when a criminal investigation was commenced, the Defendant denied the facts charged.
As can be known in the facts charged, the prosecutor failed to clearly state the date, time, place, method, etc. of the administration of the Mepta in which the defendant administered the Mepta.
In such a case, in order to determine the defendant guilty, the fact that the Mepta medication has been made between September 17, 2016 and September 26, 2016 must be proved to the extent that there is no reasonable doubt.
On February 22, 2017, among evidence of guilt found in this process, G with the record of medication or sale of Meptiles, and Defendant can only know the fact that there were several calls in September 2016.
In the end, the direct evidence of the defendant's medication is only a result of the National Scientific Investigation Institute's appraisal that the defendant's crypt crypopha was detected in his urine and head carin.
B. In order for these scientific evidence methods to be legally binding to a substantial extent, it is insufficient to say that the appraiser conducted an analysis as a standard inspection method with professional knowledge, technology, and experience and submitted them to the court. It should be secured that the identity of samples in all processes, such as the collection, storage, and analysis of samples, is recognized and that there is no artificial manipulation, damage, or addition, and that accurate acceptance and transfer procedures for samples at each stage can be confirmed.