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(영문) 서울서부지방법원 2018.11.29 2018고단462
마약류관리에관한법률위반(향정)
Text

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

Reasons

1. On November 14, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act, etc. at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and completed the execution of the sentence at the Chungcheong detention house. On November 23, 2017, the Seoul Western District Court sentenced the Defendant to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act, etc., and the said judgment became final and conclusive on June 18, 2018.

Defendant is not a narcotics handler.

A. B On November 24, 2016, the Defendant offered philophones to B with a large volume of bit tampers (i.e., one philophone; hereinafter “philophones”) in the hotel D of Gangnam-gu Seoul Metropolitan Government, and provided B with a philophones by means of inserting the philophones into a scopon and dilution with a philophones into a scopon and dilution with a philophones.

B. On June 5, 2017, the Defendant provided philophones to E in a manner that, on the other hand, provides E with a dilution in the Gangnam-gu Seoul Metropolitan Government F Apartment G, the Defendant provided philophones at one time using a disposable injection device to E by inserting a large amount of philophones into an injection machine and dilution them with a brophones.

2. Determination

A. The facts charged in light of all the circumstances, including the fact that the statement was reversed at the police and the prosecutor’s office’s investigation stage; however, in light of the fact that the statement was continuously reversed as to the process of administration of scopphones and that the defendant was unable to clearly state whether the defendant provided narcotics, the evidence of the prosecutor’s submission, such as the witness B’s legal statement and the protocol stating the statement, alone, was proven without any reasonable doubt.

It is difficult to see it.

B. The facts charged are as follows: (a) in the hair extracted from Port E on July 28, 2017, the component of narcotics was not detected; and (b) in relation to this part of the facts charged.

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