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(영문) 서울북부지방법원 2018.05.11 2017고단4876

마약류관리에관한법률위반(향정)

Text

The defendant shall be innocent.

Reasons

1. On January 21, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on the part of January 21, 2015, and on January 24, 2016, the same kind of criminal records, such as the termination of the execution of the sentence in Busan Correctional Institution, are three times.

No person, other than narcotics handler, may sell and sell Meptop pyroops (one philophone, hereinafter referred to as "philophones"), which are local mental drugs, and the defendant is not a narcotics handler.

On August 18, 2017, around 18:10, the Defendant, who stopped on the street “D store” located in Jung-gu Incheon Metropolitan City, was paid KRW 900,000 from F in the Estyna vehicle operated by the Defendant and sold approximately 5 g of phiphonephones.

2. The F’s statement in the court and investigative agency, consistent with the facts charged in the instant case, is not consistent with the date, time, and place of the purchase of phiphones (F stated to the investigative agency that the initial statement was due to cryp and that the memory became clear after the date, time, and place was clear after the lapse of time.

The remaining evidence duly adopted and examined in this case is insufficient to recognize the facts charged of this case, without reliance on the belief of the testimony in the court, etc.

Therefore, since the facts charged in the instant case constitute a case where there is no proof of crime, the court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act, and did not disclose the summary of the judgment of innocence of the Defendant pursuant to the proviso of Article 58(2) of the Criminal