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(영문) 수원지방법원 성남지원 2014.10.02 2014고합113
마약류관리에관한법률위반(향정)
Text

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

Reasons

1. The Defendant is not a narcotics handler.

On January 22, 2014, the Defendant, by accessing the Internet site of “E” by means of computers from the Do and the 1st floor of Seongbuk-si, Sungnam-si, and selling USD 29.63 (Korean Won 32,015) with credit cards in the name of the Defendant, and ordered temporary psychotropic drugs to pay USD 3 disease (total 30ml).

On January 22, 2014, a drug seller whose name is unknown has sealed pentethylt in an international letter-post bag (F) in Canada, and has searched the sender and the sender as “Gandia,” “A,” “A,” “1S OLOR, HSTOENGNGNGNM-SI, GYGGGGGH-DO, and SUTH KREA (H 1st floor in the Gyeonggi-do Sungnam-si, Gyeonggi-do), and sent to 8555 parts, and has passed through the Incheon Port of Supply in the Jung-gu Incheon Metropolitan City on January 30, 2014 through 30 meters in total from the Incheon Port of Supply.

On March 5, 2014, around 11:44, the Defendant imported temporary psychotropic drugs at the Sungnam post office located in Sungnam-si, 301, in accordance with the sanseong-gu, Sungnam-si.

2. The defendant and his defense counsel asserted that the defendant, on January 22, 2014, purchased pentethyl et al. with the knowledge of pentethyl et al. as the maximum psychotropic drug and had different knowledge of the designation as the temporary psychotropic drug.

The criminal facts in a criminal trial shall be based on the evidence, and the degree of proof shall reach the extent that there is no reasonable doubt, and the prosecutor is responsible for such proof. Thus, if there is no such evidence, the doubt of guilt against the defendant shall be raised.

Even if the interests of the defendant cannot be determined by the interests of the defendant

(see, e.g., Supreme Court Decision 201Do13552, Jan. 12, 2012). According to the Defendant’s legal statement and investigation report (Attachment of a copy of the notice on designation of temporary narcotics, etc. by the Ministry of Food and Drug Safety) according to the Defendant’s statement and investigation report (see, e.g., Supreme Court Decision 201Do1352, Dec.

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