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(영문) 인천지방법원 2012.12.05 2012고단1072
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. The Defendant is not a narcotics handler.

On September 21, 2009, the Defendant received KRW 3 million from C to the account of community credit cooperatives in the name of the Defendant, the Defendant sold 10 grams to C prior to the Incheon Bupyeong-gu, Incheon, in a way that 10 grams of 10 grams.

B. Around September 22, 2009, the Defendant, at the Defendant’s home located in Bupyeong-gu Incheon Metropolitan City, sold approximately 10 gramphones to C, and on September 25, 2009, sold KRW 3 million from C to the same account by receiving KRW 3 million from September 25, 2009.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

In the case of this case, C's statement, F's statement, and the account of community credit cooperatives under the name of the defendant are evidence corresponding to the above facts charged.

According to the account records of community credit cooperatives under the name of the defendant, it is recognized that three million won has been transferred over two times, such as the above facts charged.

However, the credibility of C's statements is doubtful when comparing C's statements at the investigation stage with those at the court.

In other words, in relation to the timing of purchase, C stated that at the investigation stage, C purchased phiphones from the Defendant on or before September 23, 2009, he/she had received education at G Education Center, but this Court purchased phiphones once before receiving the above education, on or after the date of receiving the education, or on or after the date of receiving the education.

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