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(영문) 부산지방법원 2014.06.26 2013고단7583
마약류관리에관한법률위반(향정)
Text

The defendant is not guilty. The defendant is not guilty. The summary of the above judgment shall be published.

Reasons

1. The summary of the facts charged in the instant case is not a narcotics handler.

On June 2013, the Defendant parked in the alley of the printing office located in Busan Jung-dong, Jung-gu, Busan, for a passenger car operated by the Defendant, administered the psychotropic drugs in an influoric form.

2. The evidence that corresponds to the facts charged in the instant case is evidence, such as C’s statement in this court and investigation agency and replys to the request for appraisal by the head of the National Institute of Scientific Investigation to the Defendant’s hair. First, each of the above statements made by C is sufficient to recognize that the Defendant “the Defendant had observed an act of driving a phiphone on June 2013, 2013, where the Defendant had finished in the car parked on the alley of the said printing shop, such as a person who took a phiphone, with the snow strings, and continuously strings the strings.” This statement alone is insufficient to recognize that “the phiphone was administered” at the time. ② In response to the above request for appraisal, it is insufficient to recognize that the Defendant administered a phiphone on July 25, 2013 only with the content that “the response of phiphone was taken from the Defendant’s hair taken on July 25, 2013.”

There is no other evidence to prove the facts charged otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime and thus the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act. It is so decided as per Disposition by the court below with the purport of disclosing the summary of the judgment against the defendant under Article 58

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