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(영문) 대구지방법원 2014.10.08 2014노208

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the gist of the grounds for appeal can be acknowledged the credibility of each of the statements made by D and E, which correspond to the facts charged in this case, the court below acquitted the defendant as to the facts charged in this case, considering that the above statement is not reliable, and there is an error of law that affected the conclusion of judgment

2. Determination

A. A. The summary of the facts charged in the instant case 1) Notwithstanding that the Defendant is not a person handling narcotics, the Defendant, on June 2012, 201, is a psychotropic drug-related Metephacule (hereinafter “philopon”).

(2) On July 2012, the Defendant issued approximately 0.03 g of approximately 0.03 g of the instant C Apartment 101 1905 and 1905, which contained approximately 0.1g of philophones, stored crophones into a single-use injection instrument and injected crophones into one’s arms.

3) At the same time and time as above 2.1g of philophones brought by himself at a place of 0.1g of philophones, dilution of philophones by inserting biophones into a single-use injection instrument, and then delivering philophones by means of injecting them instead of for E arms.

B. The lower court rejected the credibility of each of the statements made by D and E, consistent with the facts charged in the instant case for the following reasons, and acquitted the Defendant on the grounds that there is no other evidence to acknowledge the facts charged in the instant case.

1) As to the facts charged in paragraph (1)(A), there are statements and investigation reports in D's investigative agencies and in this court (Attachment to the first instance court decision in D and E). However, since the defendant denies the contents in this court, the police interrogation protocol in relation to D's interrogation protocol in relation to D's police cannot be admitted as evidence because it is inadmissible by this court.

Article 312 (2) of the Criminal Procedure Act is guilty of the suspect examination of another defendant or suspect who is in an accomplice relationship with the defendant prepared by investigation agency other than the prosecutor.