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(영문) 서울북부지방법원 2019.07.25 2019노14
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is recognized that the Defendant possessed a Meptist, as the Defendant discovered a Mepter among D and stored on the book of his office until D and caused it to be found.

Nevertheless, the court below acquitted the defendant, and erred by misapprehending the legal principles.

2. A prosecutor who is subject to the trial following the amendment of the indictment shall keep the name of the crime in front of the facts charged in the instant case in the trial room and shall be deemed as "violation of the Narcotics Control Act (fence)", "Article 60 (1) 2, Article 4 (1) 1, and Article 2 (3) 3 (b) of the Act on the Control of Narcotics, Etc., and Article 32 of the Criminal Act", and applied for the amendment of the indictment with the contents of addition of the facts charged as follows. The court made a decision to grant permission

Therefore, we examine all the facts charged in the previous main charges and the ancillary charges that were subject to the judgment of the court below prior to the change.

The defendant is a partner of D.

D) On June 2017, 2017, D accommodation and board at C office operated by the Defendant on the Seoul Northern-gu B and 1st floor, and possess a large amount of mert flaps in vinyl packaging.

Around that time, Gangnam-gu Seoul H lending is a director, and the above Meart Ampis have been forgotten.

On the 9th day of the same month, in order to discover the above Meptist who was possessed by D as above at the boxes in the sales office of the above defendant, and to help them possess D with knowledge of the Meptist, the defendant notified D of the existence of the Meptist by photographing it with cell phone, transmitting it to D. At around 21:00 on the same day, D had D carry the above Meptist with the above Meptist as the sales office of the defendant and the above Meptist.

3. Prosecutor on the primary facts charged.

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