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(영문) 광주지방법원 2017.12.15 2017고정203
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. Around April 4, 2016, the Defendant, despite the fact that he is not a narcotics handler, sold 50,000 won to the account used by the Defendant, which was known through the Internet website Niber C, and sold the pent-type drug, which was a local mental medicine, by delivering pent-type 13 of the fact that pent-type 13, which was a local mental medicine, to the above person without a name.

2. The Defendant, for the purpose of Daart, took once as a prescription of 14 p.m. pentine at hospital, and became pregnant and sold any remaining remaining 13 p.m. on the Internet car page. The Defendant was unaware of the fact that the Defendant had no knowledge of the content of chip mental drug content on the brid pentine.

The argument is asserted.

The evidence submitted by the prosecutor alone is not sufficient to recognize that the defendant sold it with the knowledge that the defendant had a pro-Japanese component on the pentde, and there is no other evidence to acknowledge the criminal intent of the defendant.

Rather, in light of the evidence submitted by the defendant, such as the defendant's status as a family principal offender, the title and content of writing posted on the Internet car page to sell the instant medicine, witness D's statement, pain confirmation, medical expenses payment confirmation, family relation certificate, etc., the defendant's assertion that he/she was unaware of whether the instant medicine contains a local mental medicine component is acceptable.

Thus, the facts charged of this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act.

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