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(영문) 광주지방법원 2016.04.21 2016고단180
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. On June 18, 2015, the Defendant: (a) around the D main points in Sacheon-si, Sacheon-si; (b) received KRW 500,000 from E via a name-free box; and (c) sold to E approximately one gram of mematic drugs (hereinafter “copon”).

2. As evidence consistent with the facts charged in the instant case, there are statements in the E prosecutorial office and the Defendant and E currency details.

First of all, E purchased phiphones from the Defendant, such as the entry of the facts charged in the instant case.

Although this court stated, the defendant was only twice in order to purchase phiphonephones, but the defendant made a statement to the effect that he had made a false statement in the prosecutor's office because he was not aware of it, which was reversed by the above prosecutor's office.

As above, in addition to the consistency of E’s statement, as it was prosecuted as a crime of violation of the Narcotics Control Act (competence) around October 29, 2015, it is difficult for E to completely exclude the possibility of false statements from the fact in order to establish so-called “public” in his/her own narcotics investigation and trial process, and to entirely eliminate the possibility of false statements from the fact. It is difficult to reject the statements in this court and to believe only the statements in the prosecutor’s office consistent with the facts charged in this case.

B. The following circumstances revealed by the record: ① the Defendant was sentenced to imprisonment for one year for a crime of violation of the Narcotics Control Act (fence) due to medication, purchase, and provision on one occasion at the Jinwon District Court’s Jinju branch on May 12, 2015, and the said judgment became final and conclusive on May 20, 2015; however, the Defendant did not have any record of the power to sell phiphonephones or other violation of the Narcotics Control Act (fence), and ② the Defendant used toxic substances, such as narcotics, etc., as special matters to be observed according to the protection observation and observation in the said final and conclusive judgment.

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