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(영문) 부산지방법원 서부지원 2019.03.29 2018고단1995
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. Around September 21, 2018, the Defendant: (a) administered psychotropic drugs in a manner that dyphocos (one-time dypopon) in his/her own left cryposis by dilution them into water at the Defendant’s residence of the Defendant of the Busan Building C; (b) around September 21, 2018, the Defendant administered them in a way that he/she injected them to his/her own left c

2. The Defendant and his defense counsel’s assertion 1) did not have administered philophones. 2) The police officer, who taken the urine from the Defendant, moved to a police station without sealing the flophones containing the Defendant’s urine.

In addition, the police officer collected one side of the defendant's defense at the police station, and sealed it by mixing it with one side of each side.

In the end, the defendant's defense is contaminated and there is no admissibility or probative value as well as the report on the result of preliminary tests of narcotics and the report on narcotics appraisal prepared by the National Scientific Investigation Institute.

3. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by this court, it is difficult to view that the evidence submitted by the prosecutor alone alone was proven without any reasonable doubt that the defendant administered the Mepta, and there is no other evidence to acknowledge this otherwise.

1) In order for the method of scientific evidence to be considerably binding in fact-finding, it is insufficient to say that an appraiser conducted an analysis as a standard inspection method with professional knowledge and technical experience and submitted it to the court after an analysis. The identity of samples in all processes, such as the collection, storage, analysis, etc. of samples, and the existence of artificial manipulation, damage, and addition, should be ensured, and the accurate procedure for taking over samples at each stage should be maintained (see, e.g., Supreme Court Decision 2017Do1422, Feb. 8, 2018). Witness D and E should be from the Defendant in the emergency room in the F Hospital located in Busan Western area in Busan.

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