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(영문) 서울중앙지방법원 2020.08.13 2004고합1321

마약류관리에관한법률위반(마약) 등

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is illegal aliens, even though he is not a person handling narcotics;

A. At around 20:00 on June 12, 2004, from Non-Indicted Party C ( Uzbekistan) to purchase and sell approximately 4,138.8g of marijuana resin (i.e., narcotics) and approximately 177g of opium 5,000,000;

B. At around 20:00 on the second day of the same month, approximately 5g of the opium purchased from Nonindicted D (Russia) at the above place for sale and purchase at approximately 50,000 won; and

C. At around 20:00 on the second day of the same month, approximately 5g of the opium purchased from Nonindicted D at the above location at approximately 50,000, sold and traded them at KRW 50,00;

(d) around 21:00 of November 21 of the same year, there are 167g of opium and 4,138g of hemp resin for the purpose of the trade above in the dwelling plan of the defendant of Jongno-gu Seoul E;

2. According to Article 3 of the Addenda to the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), and Article 249(2) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), an offense against which a public prosecution has been instituted shall be deemed to have expired when 15 years have elapsed since the public prosecution was instituted without confirmation of the judgment.

According to the records, the public prosecution against the defendant was instituted on November 18, 2004, and 15 years have passed without confirmation of the judgment.

Thus, the prosecution of this case against the defendant is judged to be acquitted in accordance with Article 326 subparagraph 3 of the Criminal Procedure Act, since the statute of limitations has expired.