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(영문) 수원지방법원 평택지원 2018.12.13 2018고단1314
마약류관리에관한법률위반(향정)
Text

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

Reasons

1. On March 2, 2018, the Defendant, “2018 Highest 1314,” in the facts charged, putting in a single-use injection machine, which is a local mental medicine, 0.1g, a single-use pacton, together with B, at the mutual infaco-Eup of Gyeonggi-gu, Yangyang-gun, Yangyang-gun, the Defendant administered the same by selling it.

On February 13, 2018, the Defendant: (a) provided a single-use assistant to D in Pyeongtaek-si C with approximately 0.3g of mert ambl (one philopon) at around 23:30 on February 13, 2018; and (b) provided the single-use assistant to D free of charge.

2. Determination

A. In a criminal trial of relevant legal principles, the finding of guilt ought to be based on evidence of probative value that leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

If the prosecutor's proof does not reach such a level of conviction, even if there are suspicions of guilt, it cannot be determined with the benefit of the defendant.

B. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone, which was proven without any reasonable doubt, regarding the administration of a phiphone, March 2, 2018, was proven without reasonable doubt.

It is difficult to see it.

(1) The defendant is consistently denying the administration of phiphones from an investigative agency to this court.

② Although B made a statement from the investigative agency to this court to the effect that “the philophone was administered along with the Defendant on March 2, 2018,” the Defendant’s voice response was made as a result of the Defendant’s climatic examination, as well as the result of the Defendant’s crophone voice response on July 28, 2018, which was requested by the National Institute of Scientific Investigation to the National Institute of Scientific Investigation, the drug ingredients were not detected.

(3) B, upon receiving written phone from E, administered philophones with the Defendant.

E is written, however, E.

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