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(영문) 수원지방법원 안산지원 2014.05.23 2013고정2278
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

Defendant is not a narcotics handler.

1. Around April 17, 2013, the Defendant transferred KRW 150,00 to a name-free box (F) selling psychotropic drugs through an Internet site “E” at his/her own residence located D and 403, and purchased and sold psychotropic drugs by obtaining approximately 2-3 days from 10,000 to 10 days from her home line.

2. On 2013, the Defendant appears to have written the instant indictment “2012.”

4. From around around June 10, 2013 to around June 10, 2013, psychotropic drugs have been administered eight times with water for psychotropic drugs purchased as above in the above dwelling area.

However, as consistent from the investigative agency to this court, the Defendant alleged that he was aware of “stroke-m” containing clocks, and that he was only purchased and recovered psychotropic drugs or ingredients that can not be handled by the general public without knowing at all. According to the record of seizure and the list of seizure (Evidence No. 2 and No. 3), it is recognized that the product name of clocks (alkh-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-stroke that

On the other hand, in order to establish the crime under Article 61 (1) 5 of the Act on the Control of Narcotics, Etc. for which the prosecutor had tried to commit the act of the defendant while instituting the instant public action, falls under an intentional crime in its regulatory form. The fact that the defendant recognized that the "strokem" is a substance that serves as an exemption from water is insufficient, and should have known that it contains psychotropic drugs or other ingredients that can not be handled by the general public.

However, in light of the following circumstances revealed by the record, only the evidence submitted by the prosecutor was aware that the Defendant had a psychotropic drug or ingredients that cannot be treated by the general public at the time of purchasing and melting “stroke-m”.

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