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Reasons
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(영문) 서울서부지방법원 2016.06.15 2015고합151
마약류관리에관한법률위반(마약)등
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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Despite the fact that the Defendant is not a narcotics handler, he purchased narcotics or a psychotropic drugs as follows:

A. On January 17, 2015, around 16:10, the Defendant purchased the price of narcotics, etc. at KRW 4.50,000,000 from G to F in the second floor E-2 located in Yongsan-gu Seoul Metropolitan Government, and purchased the price at KRW 4.50,000,000 in 15,000 and 25,0000 in 15,000 in 25,000 and 40,000 in 20,000.

B. On January 24, 2015, around 22:50, the Defendant purchased the narcotics price of KRW 400,000 from G before the exit No. 1 located in Seocho-gu Seoul Metropolitan Government H, on a 1st century, and then purchased the narcotics price of KRW 400,000,000 in Moroc (5mg).

(c)

On January 31, 2015, around 22:10, the Defendant purchased the price of 300,000 won for narcotics, etc. from G, at around 1:00,000 to 1:0,000,000,000 to 20,000,000 won for narcotics, etc.

2. The Defendant and his defense counsel acknowledged that the Defendant purchased drugs from G; however, it was proved that the Defendant’s purchased drugs are narcotics such as narcotics as indicated in the facts charged, i.e., e., pentine money or ethyl ethyl drugs, which are narcotics.

not, even if the medicine purchased by the defendant is listed in the facts charged, the medicine purchased by the defendant is

Even if the Defendant purchased the relevant drug with the knowledge of the drug as a multilateral drug, the Defendant had no intention to purchase the drug.

3. Determination

A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such convictions are to be ensured, the determination ought to be made in the interests of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013).

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