1. The defendant is innocent. 2. The summary of this judgment shall be notified publicly.

1. 공소사실 피고인은 2014. 12. 29.경 안산시 단원구 D에 있는 '●●●●●' 음식점에서 E로부터 대금 15만 원을 받고 그에게 종이컵으로 약 반 컵 분량의 대마 성분이 포함된 일명 ‘스파이스’라는 합성물을 교부하였다.

Accordingly, the Defendant traded marijuana.

2. The Defendant and his defense counsel’s arguments did not have sold marijuana synthetics to E, as stated in the facts charged.

3. Determination

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decisions 2005Do8675, Mar. 9, 2006; 2010Do10895, Dec. 9, 2010). (b)

According to the evidence adopted by this court, the following facts are recognized.

(1) E는 2015. 3. 30. 검찰에서, 안산시 단원구 D에 있는 ●●●●● 음식점에서 피고인에게 15만 원을 주고 피고인으로부터 종이컵으로 약 반 컵 분량의 대마 합성물인 스파이스를 받았다고 진술하였다.

(2) According to the mobile phone call data between the Defendant (F) and E (G), it is confirmed that E calls each of the Defendant around 14:59 and 15:00 on December 29, 2014, and that the Defendant sent text messages to E around 15:05 on the same day.

(3) On June 12, 2015, as a result of the investigation agency’s request to the National Institute of Scientific Investigation for appraisal by taking the urine, hair, and conspiracy from the Defendant on the part of June 12, 2015, both of the Defendant’s urine, hair, and conspiracy was found to have been detected in the Kaurdora, the main film of marijuana.

(c) However, in light of the following circumstances known by the record, the above facts of recognition and other circumstances.