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(영문) 서울북부지방법원 2017.01.13 2015고단551
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was sentenced to one year for a violation of the Narcotics Control Act in the Seoul Northern District Court on November 19, 2010 and the execution of the said sentence was terminated at the Sungdong Detention House on November 17, 201. On December 6, 2013, the Defendant was sentenced to one year and two months for the said crime and was sentenced to imprisonment on May 19, 201 as a result of the said judgment on May 19, 201, and is not eligible for handling narcotics.

1. Medication, which is a drug of a psychotropic spirit, (one philogramopon; hereinafter referred to as a "philoopon");

A. On June 28, 2012, the Defendant, at around 01:30, 2012, contained water in a disposable injection instrument containing approximately 0.1g of philophone at the guest room located in the Gangnam-gu Seoul Metropolitan Government Seobuk-gu, dilution, and then C administered philophones by means of making the Defendant take the Defendant’s hand, and injecting it with his hand.

B. The defendant under the same year

7. 24. 01 01:00, Yongsan-gu Seoul Metropolitan Government DA 312 of Yongsan-gu injected a 0.1 gramopon to hand, etc. in the same manner as the preceding paragraph, and administered a phiopon.

2. Receipt and sale of Handphones;

A. Defendant 1 received approximately 0.05g philophones from C at the same date, time, and place as the above 1’s A, with a dryphone.

B. At the same time, at the same place as above 1-B, Defendant 1: (a) purchased approximately 0.7 gramphones in a disposable injection machine to C; (b) purchased 500,000 won from C and sold phiphones to C.

2. Among evidence submitted by a prosecutor, each statement statement and a copy of the suspect interrogation protocol containing C’s statement cannot be deemed as evidence since the authenticity of establishment is not recognized. It is insufficient to recognize the facts charged in the instant case as evidence, such as a written judgment stating C’s punishment due to the administration of phiphonephones and a response to a request for appraisal stating C’s administration of phiphones.

3. If so, each of the facts charged in this case constitutes a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.

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