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(영문) 창원지방법원 2017.10.26 2017노2200
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that each statement of E and I by which the Defendant purchased Mepters from the Defendant (misunderstanding of facts) is specific and consistent, the above statements are reliable, and considering the above statements and other submitted evidence, the fact that the Defendant traded Mepters to E and I as stated in the facts charged in the instant case can be acknowledged.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination:

A. The summary of the facts charged in the instant case 1) On February 2, 2014, the Defendant: (a) on the front of the D Station located in Changwon-si, Changwon-si, Changwon-si, the Defendant: (b) purchased and sold Mepters (one philopon; hereinafter referred to as “philopon”); (c) approximately 0.52g of Melopon; hereinafter referred to as “Melopon”); and (d) received KRW 700,000 in return.

2) On May 2015, 2015, the Defendant purchased and sold H car parked on the road in front of the Vice Minister of GHawon-si, Changwon-si, Masan-si, with approximately 4.45g g philopon, instead of paying a loan amount of KRW 1 million to I.

B. The lower court rendered a not guilty verdict on the facts charged of this case on the grounds that the statements made by E and I are not reliable, other evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged of this case, and that there is a lack of evidence to acknowledge otherwise.

(c)

1) In a case where the issue is whether to sell and purchase narcotics, etc., if the Defendant denies the receipt of narcotics by the seller and there is no objective evidence, such as financial data to support this, the statement of the purchaser of narcotics must be admissible as evidence, and there is credibility to exclude a reasonable doubt.

When determining the credibility of the statement, not only the rationality, objective reasonableness, and consistency before and after the statement itself.

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