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(영문) 서울북부지방법원 2018.12.12 2018고단2300
마약류관리에관한법률위반(향정)등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is not a narcotics handler.

around 01:00 on March 10, 2018, the Defendant, at the main point of “B,” located under the Chinese upper limit, e.g., the Defendant d-M, which contains the influent volume of marijuana and the influent volume of alcohol (i.e., a single x c., a single c.) from a Chinese person (i.e., a single c., a single c.).

Accordingly, the Defendant taken marijuana at the same time, and administered X-mail.

2. In the instant case where the Defendant and the defense counsel denies the intention, at least, whether the Defendant had the intention to take marijuana and administer X-type medication, even if dolusent negligence.

The subjective element of the constituent element of the crime refers to the case where the possibility of occurrence of the crime is expressed as uncertain and it is acceptable, and there was an incomplete intention.

In order to determine the possibility of criminal facts, there is a perception of the possibility of criminal facts, as well as there is a internal intent to accept the risk of criminal facts. Whether or not an actor has accepted the possibility of criminal facts should be determined as the interests of the defendant, even if there is no doubt about the defendant's guilt, in view of how to evaluate the possibility of criminal facts if the general public is based on specific circumstances, such as the form of the act that was externally revealed and the situation of the act, etc., without depending on the statement of the offender. In such a case, the prosecutor bears the burden of proving the existence of willful negligence, which is a subjective element of the criminal facts prosecuted. Meanwhile, the conviction should be based on evidence with probative value, which leads to the judge's conviction that leads to a lack of reasonable doubt. Thus, if there is no such evidence, the defendant's interest should be determined even if there is a doubt about the defendant's guilt.

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