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(영문) 서울중앙지방법원 2018.05.15 2018고합39

마약류관리에관한법률위반(향정)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is not a narcotics handler.

The Defendant, around March 6, 2017, at the private house in the city of Madong-dong in China around the A.M., up to 36.73g of the Melopty, Melopty, a local mental medicine, to E (hereinafter “Melopon”), has approximately 36.73g of the Melopty.

By doing so, I will hold it again.

After speaking to the purport that “the Defendant entered the Republic of Korea on the same day,” the Defendant came to Korea on the same day, and thereafter, the Defendant contacted the above E in China’s Cheongdo and 15,000 pages (Korean Won approximately 2,500,000 won) on the face of the week.

The purpose of “E” is to “E” and the above E accepted it.

Accordingly, the above E shall be the same year.

3. At around 15:00 a.m., around 15.m., after packaging approximately 36.73g of the said philopon, which was kept by the said Defendant at his own residence located in the Cheongdong-gu, Incheon Metropolitan City Cheongdong-gu, China, into the Republic of Korea through the Incheon International Airport located in Jung-gu, Incheon, Jung-gu, Incheon, on the same day, around 13:25.

Accordingly, the defendant imported philophones in collusion with E.

2. Determination

A. In a criminal trial on related legal principles, the conviction should be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree to have such conviction, the determination should be made in the benefit of the defendant even if he/she was suspected of guilt (see, e.g., Supreme Court Decisions 92Do1405, Sept. 1, 1992; 200Do5395, Feb. 23, 2001; 2016Do21231, Oct. 31, 201).