마약류관리에관한법률위반(향정)
The defendant shall be innocent.
1. The summary of the facts charged in the instant case is not a person dealing with narcotics, and thus, the Defendant is not allowed to trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, or provide any psychotropic drug, psychotropic drug, etc.
A. Nevertheless, around 17:00 on June 5, 2015, the Defendant purchased and sold phiphones by receiving KRW 2.1 million upon request from D and receiving KRW 5g of E from D.
B. On July 11, 2015, at around 07:00, the Defendant traded phiphones by selling and buying 1,80,000 won of phiphones by receiving D’s request from E to the account. Upon receiving D’s request, the Defendant sent 5,000,000 won of phiphones from E to HW freight handling places using express bus freight, and allowing E to receive it at around 12:0 on the same day.
2. The assertion and judgment
A. As to the sales made on June 5, 2015 by the Defendant and the defense counsel, the Defendant did not have any contact of E at the time, place, upon D’s request. As to the sales made on July 11, 2015, the Defendant sent the hand-on cargo to E upon D’s request, but the content was not known.
B. Accordingly, the charge of this case should be pronounced not guilty.
B. On the other hand, among the evidence submitted by the prosecutor, each of the statements and evidence submitted by the prosecutor in D and E in the police as co-offenders is not admissible as evidence because the defendant denies its content, and the remaining evidence, including the statement in E, submitted by the prosecutor, is insufficient to recognize the facts charged in this case.
3. According to the conclusion, since the facts charged in this case constitutes a case where there is no proof of crime, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act, and the defendant does not consent to a judgment of innocence, so the public notice of acquittal is made under the proviso of Article