1. The summary of the facts charged is that the Defendant, even if he is not a person handling narcotics, from November 6, 201 to October 10 of the same month, used spha by attaching a fire to the “spha” tobacco in the form of dry plant containing JWH-018 (one sppha; hereinafter “spha”), a psychotropic drug, at a sphain place in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and by spreading the smoke.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the Defendant consented to the renal Inspection at the Seoul Yongsan Police Station on November 11, 201, and according to the Defendant’s response to the request for appraisal by the National Institute of Scientific Investigation, JWH-018, which is the ingredients of Switzerland, was detected in the Defendant’s defense, the Defendant is also suspected of not using ice within one week from the date of the renal inspection.

However, in a criminal trial, the prosecutor bears the burden of proving the facts charged, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant, the evidence corresponding to the above facts charged in this case is the only reply to the request for appraisal, which can be recognized that the defendant inhales the spice component in the body of the defendant. However, the statement that the defendant does not drink and memory within one week from the date of the spice examination alone is sufficient evidence to acknowledge that the defendant spices dysphere with a sphere with a sphere while being aware that the defendant was a tobacco containing a sphere.