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(영문) 춘천지방법원 강릉지원 2014.11.25 2014노252

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

(e).

Reasons

1. The summary of the grounds for appeal (the fact-finding) is not that the Defendant satise or administered mert cancer to E, or administered it.

2. No person other than the narcotics handler of the facts charged in this case shall receive or administer psychotropic drugs;

A. Nevertheless, on February 2014, the Defendant received psychotropic drugs by reporting that Damo 401 located in Gangnam-si, Gangnam-si, Halle C, and that E did franced into the water, and “Woo-si, francing down by melting approximately 0.06 g of mert cl (one name philopon) packed in vinyl, and giving and receiving psychotropic drugs to E.

B. Nevertheless, from March 6, 2014 to March 12, 2014, the Defendant administered psychotropic drugs by means of injection or drinking of a large amount of merpoids (one philopopon) at the Defendant’s dwelling place or river area of the Defendant’s 401 Maurel located in Gangnam-si C, Samn-si, Samn-si.

3. Determination

A. There are statements and seizure records in E and F’s original judgment and investigation agencies as the main evidence corresponding to this part of the facts charged as to the receipt of Mepta, and in the case of acceptance of Mepta.

However, in light of the following circumstances, it is difficult to view that this part of the facts charged by the Defendant merely based on the above evidence that he received psychotropic drugs from “E” by putting the Meptae to “E” without any reasonable doubt, and otherwise, it is insufficient to recognize it solely on the evidence submitted by the prosecutor.

① At the court of the court below, E stated that “When the Defendant went to the Defendant’s house on February 2014, 2014, the Defendant was satisfyed with vinyl as he was satisfy, and satisfyed with vinyl, and satisfying it on the ground that he was a drug 10 days after satisfy, he voluntarily surrendered to the investigation agency.”

However, on March 10, 2014, E ask the police to “whether or not the Defendant was narcotics” while talking with the Defendant.