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(영문) 창원지방법원 통영지원 2017.02.02 2016고합57 (1)
마약류관리에관한법률위반(향정)등
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Facts charged;

A. On June 1, 2016, even though the Defendant was not a handler of narcotics, the Defendant administered a “D Singing practice hall” room on June 1, 2016, in a “Ding room” room located in C and D around C and D, in which the Defendant was in possession, putting the me in a string container and heating the meat by a portable meat, making the smoke generated therefrom enter the water through a promptly connected to the water, and then inhales the water as soon as possible, as linked to the water.

B. On June 9, 2016, although the Defendant was not a handler of narcotics, the same month, despite that he was not a handler of narcotics.

9. At the same time with a new wall border, 305 “Gel” was administered in F in the same manner as described in the foregoing paragraph (a).

(c)

On June 10, 2016, although the Defendant was not a person dealing with narcotics, the Defendant administered the Metetop typhosis’s 305 of the same month in the same manner as described in the foregoing paragraph (A).

(d)

On June 17, 2016, although the Defendant was not a handler of narcotics, the Defendant administered the Metetop typhian’s fire in the same manner as described in the foregoing paragraph (A) around the 17th of the same month, despite the fact that the Defendant was not a handler of narcotics.

Accordingly, the Defendant administered the Metea, which is a local mental medicine, four times.

2. Determination

A. The Defendant alleged that the substance was administered in such a manner as to inhale the smoke of the ambamins by using the water tobacco tool installed by E. However, the Defendant did not have the intent to inhale narcotics, which merely listen to and inhale the said substance as water tobacco, and did not have any illegality.

B. 1) The burden of proving the facts charged in a criminal trial is to the public prosecutor, and the conviction is to the extent that there is no room for a judge to make a reasonable doubt.

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