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(영문) 대구지방법원 의성지원 2020.05.07 2019고단279
마약류관리에관한법률위반(향정)
Text

The defendant is not guilty. The summary of the judgment of not guilty is publicly notified.

Reasons

1. On October 11, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Busan District Court on October 19, 2018, and completed the execution of the sentence on October 19, 2018.

Defendant is not a narcotics handler.

On February 18, 2019, the Defendant, around 18:59, injected approximately 0.1g of phiphones into a single-use injection machine, dilution with water, and administered them in a way of injecting them into the blood body.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court en banc Decision 2008Jado11, Jan. 20, 201). (B)

As shown in the facts charged in the instant case, the following facts are revealed: C and D’s statements, the contents of the Kakakao Stockholm conversation, text messages, the contents of the cell phone voice storage, etc., investigation report (a summary of the audio file), each judgment, etc., as well as each of the above evidence. According to the evidence, the Defendant divided the conversation on the premise that the phone medication was administered by his spouse D and branch C around the instant case.

① Prior to the instant case, C responded to the purport that “I wish to make sure, I would like to communicate with the Defendant,” and that I would like to pay the Defendant money.”

② On the day of committing the crime, C asked the Defendant that “I know what phiphonephones are,” and D asked the Defendant that “I will see whether I will see, ? I will see, ? I will see, ? I will see, ? I will see, ?”

(휴대폰 음성파일 저장 내용 등). ③ 피고인이 범행 직후 C에게 “C야 하나 더 없나”, “다 깸”이라고...

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