2017Gohap1264 Doz., Violation of the Act on the Control of Narcotics, etc. (fence)

2017Gohap1306(combined) Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics").

A

Jins (prosecution, public trial)

Law Firm Barun (LLC)

Attorney Kim Yong-chul, Kim Yong-chul, Kim Young-jin

April 27, 2018

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date the judgment became final and conclusive. 300,000 won shall be collected from the defendant.The charge of murder and violation of the Narcotics Control Control Act due to the use of psychotropic drugs among the facts charged in the instant case shall be acquitted.

The summary of the acquittal part in this judgment shall be publicly notified.

Criminal facts

Defendant is not a narcotics handler.

“2017Gohap1264

On June 2017, the Defendant: (a) placed D’s house located in Gangnam-gu Seoul Metropolitan Government BGC (hereinafter “BGD”); (b) placed D’s psychotropic drugs, MDMA (i.e., ‘one-day Xpphone’; hereinafter referred to as ‘procopon’ and ‘ Xpopon’, etc. in a one-time injection period; (c) placed approximately 0.06g of clopon in a one-time injection period; (d) put them into the blood line; (e) put them in a one-time injection period; (e) put them into the blood line, but (e) put them in a wind to cut back their arms immediately; and (e) put them into the copon, put them into the copher, etc., and administered them by melting them into the copher.

“2017Gohap1306

1. At around 01:00 on September 1, 2017, the Defendant administered a medication one time, such as the instant lending, and scopphones, by inserting them into the scop back, and melting them into the scopher.

2. At around 02:00 on September 3, 2017, the Defendant administered a medication one time, such as the instant lending, and phiphones, by putting them into the spawn and melting them into the spawn.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An examination request table (the sequence 3 in the list of evidence in cases No. 2017, 1306);

1. A narcotics appraisal statement (the sequence 4 of the above list of evidence);

1. A gene appraisal statement (2017 Gohap1264 No. 62);

1. Investigation report (to attach photographs of philophones and scarphones on the left part of a suspect) (No. 222);

1. A report on investigation (calculated a surcharge) (the application of Acts and subordinate statutes 235 No. 5 of the above evidence list);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (or, respectively, choice of imprisonment);

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from a violation of the Act on the Control of Narcotics, etc. on September 3, 2017)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Additional collection:

proviso to Article 67 of the Narcotics Control Act (=Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won x3)

1. The grounds for sentencing: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of recommended sentences by applying the sentencing criteria: Imprisonment with prison labor for not less than ten months but not more than two years;

[Determination of Types 3 (Determination of Types 8 (b) and (c)) of Medications).

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for not less than 10 months, but not more than 2 years;

3. Determination of sentence: Two years of a stay of execution for ten months;

The crimes related to narcotics are likely to have a serious adverse effect on society as a whole, such as impairing the public health or inducing other crimes, as well as avoiding the body and mind of an individual. Therefore, the defendant needs to be punished corresponding to his/her responsibility.

However, the fact that the defendant has not many times of medication of philophones, and that the defendant has been before the suspension of execution, but the fact that there is no record of the crime related to narcotics is favorable.

Other factors of sentencing, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, shall be determined as ordered in comprehensive consideration.

The acquittal portion

1. Facts charged;

(a) homicide;

(i) the basic facts

The Defendant is an entertainment employee who worked at a entertainment establishment in Singapore, and the victim D (the age of 27 at the time of death) is an entertainment employee who worked at a entertainment establishment, such as the Seoul Gangnam-gu Seoul Metropolitan Government "F." Around November 2015, the Defendant worked as an entertainment employee at a entertainment establishment. At the time when the Defendant worked as an entertainment employee from the Gangnam-gu Seoul, Gangnam-gu, Seoul, to a club where the name at the sport is unknown, the Defendant went to a entertainment employee, and continued to serve as an entertainment employee by making it difficult for the victim to come to the club with whom the name at the sport is unknown, and continuing to serve as an entertainment employee at each entertainment establishment. On February 2, 2016, the Defendant sent to and received copies of G, etc. even after having come to Korea, and the Defendant continued to have a relationship by returning to Korea only more than two to three months.

After August 2016, the defendant and the victim had an interest in philophones, etc. due to the circumstance in which it is unknown, and around that time, when the defendant returned to the Republic of Korea, he purchased it from the Internet H site, etc. and administered it thereafter, and sexual intercourse was made.

On the other hand, around July 2017, the victim had a sense of view with I who is a customer of the entertainment drinking house "F" that he works for, and developed rapidly as a relationship with I. The defendant was aware of the relationship between I and two for the victim. However, the defendant was aware of the relationship between I from the victim and two for the plaintiff, but he was aware of the existence of "J" and "J", and the victim was also aware of the existence of "J", so he did not interfere with or raise a problem about the relationship with the victim in a dial and affirmative manner. Around that time, the defendant opened a food entertainment restaurant in China with the funds of "J" and had a considerable financial ability to engage in the clothing business in China, and even if the business was well established in Korea, he was directly operating the business, and he was able to receive a subsidy from "one hundred million won" and "one billion won" in Korea.

On August 31, 2017, the Defendant temporarily returned to the Republic of Korea in order to liquidate the lives of the said Singapore entertainment establishments in a provisional way and enter the Republic of Korea and to identify the house of slaughter. As such, the Defendant, like the time when he saw, performed a set at the coffee shop in the Sungnam-gu, Sungnam-gu, Honam-gu, the neighboring area of his residence by taking advantage of the victim, and then administered the instant rophonephone in which the victim resides on the new wall on September 1, 201, and had sexual intercourse.

2) The situation immediately before the crime is committed

On September 2, 2017, the Defendant demanded the victim to send G message to the victim several times from September 2, 2017, on the following day: (a) the date when the victim again wants to take a medication or to have a sexual intercourse because of the fact that the victim administered a philopon and had a sexual intercourse with the victim; and (b) the time when the victim wanted to take a sexual intercourse with the victim by administering the philopon, etc., and the day after the same day.

그러나 당일 피해자는 위 과의 사전 약속으로 서울 강남 일대에서 데이트 중이었고, 그 무렵 필로폰 투약에 대한 후회, 자책, 자수에 대한 갈등과 I에 대한 죄책감으로 피고인과의 만남을 회피하려 하였다. 이러한 기색을 감지한 피고인은 I에 대한 질투심과 피해자에 대한 강한 배신감에 사로잡혀 같은 날 20:00경부터 자정 무렵까지 데이트 중인 피해자에게 G으로 '너 씨발 진짜 나 지금 제정신 아니라는 거 알면서도 이러겠다는 거야', '오늘 가만히 안 있는다', '너 호텔이냐? 지금? 나 이렇게 두고 술먹구 외박한다.는 거야?', '넌 지금도 개 걱정뿐이구나', '그냥 걔랑 호텔 가', '너 호텔이냐?, 지금?', '그냥 가서 하세요', '오늘은 중요한 날이라며 대기업 회장님 아드님이고 가족상견례도 하셨다면서요', '부럽네요', '집앞에 가 있는 걸 바라는거야? 삼자대면?', '나 사고칠거 같애, 너희 집으로 지금 가서 기다릴게', '오늘 만나서 얘기해 오늘 정확히 들어야겠다', '있다보자 삼자대면, 니가 좆같이 구니까 지금' 등의 내용을 집요하게 보내며 심한 집착과 분노를 보였고, 이에 피해자도 G으로 'o(약) 하지말자, 나도 이럴까봐 안할라고 했던거야... 하지말자...', '나 경찰서 간다', '나 그냥 (약)했다고 말할 거고 병원다닐거 야', '이따가 진짜 거짓말 하나 안하고 경찰서 가자, 둘다 그냥 들어가자', '나 J 걔한테 연락하기 전에 내 말도 좀 들어주겠니?'라는 등의 메시지를 보내어 필로폰 투약 사실을 자수하고 피고인의 중국 여자친구에게 자신의 존재와 피고인과의 필로폰 투약 사실을 알릴 듯한 태도를 보이면서 G을 통해 계속 다투었다. 같은 날 자정 무렵 피해자는 피고인의 집요한 태도에 불안감을 느껴 데이트 후 그때까지 이 사건 빌라에 와 있던 I을 돌려보낸 뒤, 이 사건 빌라에서 피고인과 만나기로 하였다.

(iii) Murder;

Around 00:50 on September 3, 2017, the Defendant: (a) parked in front of the instant lapsing a car using a siren and parked in front of the instant laps; (b) had the victim waiting for the Defendant move in the front of the instant laps by hand; (c) continued to move inside the instant lapsing in the ward, etc., and had the victim resisted the relationship with the said I on the day; and (d) had the victim interfered with the instant lapsing around 02:0 to 04:00 on the same day. The Defendant reported the fact of lapsing from the victim to the police to the “J,” and had the victim know that the lapsing of the lapsing, lapsing the lapsing with the victim, lapsing the lapsing with the victim, and lapsing the lapsing with the victim, and had the victim know that the lapsing act could not be known.

피고인은 같은 날 04:00경~05:00경 그곳 침실에서, 위와 같이 필로폰 등을 마신 피해자가 예상치 못하게 그 중독증상으로 인해 갑자기 극심한 발작상태에 빠져, 몸이 제멋대로 움직이는 등 통제가 되지 않는 상태로 몸부림치다 침대 밑으로 떨어지고 눈의 흰자위를 드러낸 채 바닥에 몸을 마구 뒹굴고 비명을 질러대자, 이웃에서 깨어 신고할 경우 자신이 피해자에게 필로폰을 사용하여 피해자를 살해하려 한 사실이 탄로 날 것을 우려하여 피해자를 뒤에서 끌어안아 움직이지 못하게 하고, 이불을 덮어씌워 바닥에 넘어뜨리고, 배 위에 올라타 손으로 피해자의 코와 입을 틀어막고 목을 누르는 등으로 제압하였다. 이 과정에서 피해자가 필로폰 등 중독으로 사망하였다. 이로써 피고인은 피해자를 살해하였다.

(b) Violation of the Narcotics Control Act;

The Defendant used philophones, etc., which were not known to murdered D at the same time and place as above, to D.

2. Summary of the defendant and his defense counsel

Although it was true that the defendant claimed the victim to G with the victim on the day before the case, there was no dispute between the victim and the victim on the day of the case and the daily dialogue.

In order to kill a victim, the Defendant did not have any other victim who was unable to know such fact after inserting a philophone, etc. into a machine with the degree of the death of the victim temporarily taking the philophones, etc., melting him, and making him run the philophones. The Defendant and the victim agreed to administer the philophones, etc., and put the philophones into the blograms, etc., and melting the blograms into the blograms, etc., and are not the Defendant but the victim. The Defendant only blopped the blogramphonephones, etc.

The Defendant recognized the fact that the victim led the victim to the scam, or that the scam on the scam was prevented from leaving the scam. However, this was intended to prevent the victim from leaving the scam. However, it was also aimed at preventing the scambling of the scam. However, it was an act to prevent neighbors from spreading the scam to the scam, such as a scamphonephone, etc. However, it was an act to prevent neighbors from spreading the scam to the scam, etc.

3. Determination

A. The facts objectively found based on the evidence duly admitted and investigated by the court are as follows.

1) Situation before August 31, 2017

A) The Defendant and the victim came to know about about 7th day of May 2016 at the 1st century and around 7th day of May, 2016, the Defendant and the victim came to know about 17th day of May, 201, and came to know about 7th day of May, 201, respectively with Singapore and developed into 7th day of April 2016 (the investigation records of the instant case No. 2017Da1264, 284, 681, hereinafter referred to as "the number of 7th day of February 2016"). The Defendant knew about 7th day of May 7, 2016 that 7th day of May 20, 200 to 7th day of May 17, 200 to 7th day of September 200 to 7th day of September 20, 200 to 7th day of July 201.

2) After returning to the Republic of Korea on August 31, 2017, on September 1, 2017, the Defendant promised to post a telephone call to the victim on August 31, 2017 (28,727 pages) and to keep the victim in a G large scale (28,727 pages). At around 22:0-23:00 of the same day, the victim driven his/her own vehicle at around 22:7:0,000 to 23:00 of the same day, thereby moving back to the Defendant and the victim’s dwelling. After which, on September 1, 2017, the Defendant and the victim returned to the instant 3:00 Ga, a new wallphone, etc., were administered and sent to the victim on September 1, 2017 (201:3:0 on July 27, 2017).

3) Before the arrival of September 2, 2017, the Defendant and the victim’s movement.

A) At around 14:39, the victim met with I, while moving I to I’s office, hospital (victim’s disease in traffic accidents), screen shooting range, etc. From 21:34 to 22:23, the victim dices and I dices (421, 49 pages), and the victim and I dices into I’s loan of this case around 22:35 on September 2, 2017, and returned to 23:56 on September 3, 2017, the victim went back at around 20:19, the victim b of this case and his vehicle parked in the underground parking lot (103 pages).

B) Meanwhile, from 13:25 to 13:25 to G, the Defendant sent only one of the two messages, which had been talked by G, and asked the victim to be gypted with I and to be gynified with I as soon as possible, by revealing an inconvenient color with regard to I. The Defendant: (a) that the victim continues to be in the same way as I; and (b) that it is difficult for the victim to meet with I; (c) that the Defendant sent the message at around 20:58, the Defendant sent and sent the message to the victim, “hyn before Chyn?” (75 to 745 pages, but from 22:52 to 23:43, the victim did not answer, and thus, he appears to have been in the same relationship with I and the victim was in the same case).

4) From Mannam to September 3, 2017, the criminal defendant and the victim's criminal records until the victim's death

A) On September 3, 2017, at around 00:49, the Defendant arrived at the instant Ba, and divided into the victim from the underground parking lot, and the victim talked on the front stairs of the Bara. The Defendant, in hand, who was parked in the direction of the Defendant’s vehicle, kidsced the victim’s head who was seated on the front stairs of the Bara. The Defendant again went into the instant Ra, after viewing the front glass on his own vehicle and checking the Dora. The victim went into the instant Ra, after having confirmed the Dora. The victim went into the Dora, and turned the Defendant’s vehicle back to the Dora (107-3 pages).

B) At around 01:19, the victim sent a call to the I returned home to 34 seconds, and received the G message to be well-known at around 01:21 (421,627).

C) At around 02:40 of the Defendant’s mobile phone, at around 02:44, the Defendant visited the music programming site, “N” at around 03:44, a music programming site (No. 4).

라) 이 사건 빌라 아래층 입주자는 "사건 당일 아내와 영화를 보고 03:30~04:00경 잠들었는데 한참 곤히 자고 있을 무렵 위층에서 무언가를 던지는 것같이 쿵쿵하는 소리가 났다가 안 났다가 하기를 반복하였고, 여자 비명소리가 난 뒤 조용해졌다. 시간은 04:30~06:00경 사이로, 깜깜한 새벽이었던 것으로 기억한다. 아내는 04:30경부터 05:00경 사이로 기억한다고 하며, 여자 비명소리를 3번 정도 들었다고 한다."라고 진술하였다(50, 51, 637, 638쪽, 위 진술인은 취침 시각은 시계로 확인하였다고 진술하였으나, 쿵쿵 소리를 들은 시각은 추측에 의해 진술한 것으로 보인다). 한편 이 사건 빌라 옆집 입주자는 "화장실을 다녀왔다가 핸드폰 시계를 보니 5시 무렵이었다. 이후 쿵쿵거리는 소리가 나서 잠을 깼다. 남성의 소리는 전혀 듣지 못했다. 여성의 고함치는 듯한 소리를 들었으나 비명소리는 듣지 못했다."라고 진술하였다(923쪽).

E) The Defendant had four kitchens outside of the kitchen window of this case before and after the report of 119 (the Defendant’s legal statement, 425, 430, 1, 316, 1, 317 pages)

F) At around 07:39, the Defendant sent the phone to his father to 1 minute 38 seconds, and at around 07:42, the father again sent the phone to 51 seconds (as to the telephone content on 290, 299, 567-570, 660, the father of the Defendant stated that he respondeded to 119 as soon as he asked about how the Defendant would cause liver evidence, and the Defendant also stated to the same effect).

5) After 119 Declaration, the defendant's Enemy

가) 피고인은 07:43경 119에 신고하였는데(466쪽), 119 상담원과 통화 중 다소 횡설수설하면서 "여자가 발작을 일으키다가 호흡이 멈췄다. 죽은 것 같다. 심폐소생술은 아까 했다. 여자가 마약을 한 것 같다. 몇 분 정도 경련했는지 모르겠다. 내가 같이 쭉 있었던 것은 아니다. 여자가 어떤 남자를 만나고 왔고, 그래서 내가 왔는데, 기분이 안좋다는 말을 했다."라는 취지의 말을 하였다 (472, 473, 475~483쪽). 나) 119 상담원은 피고인에게 계속 '하나, 둘' 구령을 붙여주며 심폐소생술을 반복하도록 지도하였고, 통화 중이던 07:48경 119 구급대가 이 사건 빌라에 도착했다. (481~483쪽). 당시 피해자는 발가벗은 채로 침대 옆 방바닥에 머리를 방문 쪽으로 향하고 누워있었으며, 호흡·맥박이 없고 동공이 풀린 상태였다(379쪽). 반면 피고인은 상·하의를 모두 입고 있었다(558쪽).

C) The Defendant first talked that “the patient was off of clothes” when the patient was asked to be called “the patient was out of clothes,” and then said that “the patient had been off of clothes.” As to the circumstances of the instant case, “the patient was a guest who had been in the business place from the victim, and the customer (hereinafter referred to as “40 male,” “40 customers,” both 1 and 40 customers, hereinafter referred to as “I”) had a narcotic drug on the va number, and continued to drink it before several months. The patient was called as “the patient was in love.” In addition, the Defendant explained that “the patient was out of clothes.” In addition, “the patient was 4,00,000,000 and 15,000,000 won and 15,000 won and 5,000 won and 15,000 won and 5,000 won and 15,000 won, respectively.

D) The Defendant accompanied at the request of the 119 first responder, and moved to an emergency room at around 08:03. A physician in an emergency room confirmed that the victim was dead at the time of arrival of the hospital (D.O.A. de oncoming 1,423 pages) (249, 1,423 pages). The Defendant stated to the physician in an emergency room that “the victim dices and drinks a room to the extent of 1:00 p.m., and talks with the victim from 2:0 p.m., from 2:30 p.m., the victim dembling the victim mentally, who would be able to drink and drink the water exemption. At around 07:30 p.m., the doctor in an emergency room dembling 1,000 p.m., 10 minutes p.m., and 10 minutes p.m., 19 p.m., the Defendant reported to the victim outside of the hospital (hereinafter referred to as “victim”).

E) Around 08:45, the Defendant was trying to go through an emergency room and return home to the emergency room. Around 08:45, the Defendant was boomed with the victim’s mother who arrived at the emergency room. The Defendant stated, “B is the victim’s former male son’s son’s son’s son’s son. The victim was going to the drinking house since one year. The same is the victim’s 40 male son’s son’s son. The same is the victim’s son. The victim was the same. The victim was aware of the victim’s self-facing and exemption from her, but the victim was fashed, and the Defendant was fabbling about five minutes of her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her, and reported to the 111119 rescue unit.65 (65).

F) Since then, the victim her cell phone, wallet, and the victim her cell phone, and the defendant asked to put the victim in the instant cell phone (4:66 pages). At around 08:57, the defendant sent the victim's cell phone, wallet, and returned to her own house at Sungnam city at around 09:26. Upon the police officer's request for return to the scene, the police officer went to her house at around 10:38 and returned to the hospital at around 11:22 (59,107-1, 107-2, 50-512, 4:87; 116; 1.00 :00 :0 :00 : 1. 1. 2. 2. 2. 2. 2. 2. 2. 2. 2. 1, 2017, the victim sent to the police station, and 11. . . . . 3. . 1) . . . . . 2. . . . . . . . . . . . . . . . . . . . . . . . ....... . ....... . .... ......... .. . .... . ..... ........... . . .. ..... ..... ....... .............. ......... ....... . ........ .....................

사) 피고인은 2017. 9. 3. 13:30경 경찰서에서 사건 경위를 묻는 피해자의 어머니에게, "피해자가 먼저 연락하여 요즘 많이 힘들다며 울었고, 새벽 시간에 '몸이 이상하니 집에 와 달라', '오빠밖에 도움을 요청할 사람이 없다'고 하여 02:00경 이 사건 빌라에 갔다. 집에 가보니 피해자가 '몸이 이상하다', '꼭 마약을 한 것 같다', '잠을 자야 하는데 잠이 오지 않으니 수면제 하나만 달라'고 하여 수면제 한 알을 주었고, 먹고 난 이후 발작이 나서 거품을 물고 경기를 일으켰다."라는 취지로 말하였다(4권 14쪽). 아) 피고인은 14:30경부터 경찰서에서 참고인 조사를 받으면서 처음에는 다음과 같은 취지로 진술하였다. "피해자가 '나는 원래 오빠만 좋아하는데, 이상하게 오늘 만난 손님을 한 달 전에 가게에서 만났는데 갑자기 그 사람에게 빠지게 되었고, 성격도 변한 것 같다'는 이야기를 하였다. 그래서 내가 '그 사람이 무슨 약 같은 것을 타는 거아니냐'고 물었더니, 피해자가 '아~ 그래서 그 사람이 헛개차 같은 것을 줬구나, 역시 오빠밖에 없다'라고 말하며 그럴 수도 있을 것 같다고 말하였다. 그리고 '그 사람이 가게에 와도 헛개차 캔을 주고, 집에 놀러 와서도 병 같은 것에 헛개차를 싸 와서 주기도 했다'고 말하였다. 피해자가 강남에서 룸살롱 일을 하게 된 것에 대해 자책하며 울어서 내가 위로해주었다. 이후 피해자가 잠을 자기 위해 수면제를 한 알 먹고 불을 끄고 침대에 누웠는데, 5분 정도 지났을 때쯤에 갑자기 소리를 지르고 발작을 일으켰다. 새벽 시간에 이웃들이 깰까 봐 피해자의 입을 막고 몸을 붙잡았다. 피해자는 발작했다 멈추기를 8회 정도 반복하였다. 마지막에 몸이 경직되었고 심폐소생술을 해도 계속 굳어가자 119에 신고하였다. 발작 시간은 1시간 내외 정도였다"(4권 32~34쪽).자) 피고인은 위 참고인 조사 도중 경찰관이 피해자 휴대폰의 G 대화 내용을 제시하며 피해자와 마약을 투약한 사실이 있는지 추궁하자, 그때에서야 2017. 9. 1.과 사건 당일의 마약 투약 사실을 시인하면서 '사건 당일에 피해자가 콜라에 마약을 타서 주어 피해자와 함께 투약하였다'는 취지로 진술하였다(4권 38쪽).

6) On-site identification, results of autopsy and appraisal, etc.

A) On-site identification, inspection results, etc.

(1) According to field-based reports, field-based photographs, etc., 1 top. 1 top. 5 top. 1 top. c. c. 4 top. c. c. c. c. c. c. c. 4 top. c. c. c. c. 4 top. c. c. c. c. c. c. c. c. 4 top. c. c. c. c. c. c. c. c. c. c. c. 4 top. c. c. c. c. c. c. c. c. c. c. c. c. 4 top. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c.)

(2) 119 구급대원들은 "출동 당시 피해자의 피부가 차가웠고 턱관절이 뻣뻣하게 느껴져 다소 이상하다는 생각이 들었다.", "환자를 이송하기 위해 들것에 실을 때 피해자가 대변 같은 것을 좀 지린 것을 보았다."라고 진술하였다(489쪽, 560쪽). (3) 2017. 9. 3. 11:00경 실시된 검시 결과, 피해자의 턱·목관절이 상당히 경직된 상태이고 등 부위에 암적색 유동성 시반이 관찰되었다. 그 밖에 눈꺼풀 결막 및 얼굴 피부 점출혈, 왼쪽 광대 부위에 미약한 피부까짐을 동반한 직선형의 멍(0.5×5cm), 입술 부위 부식형태의 피부변색, 입술점막 안쪽부위 멍 및 피부까짐, 오른 목 부위 초승달 모양의 미약한 피부까짐을 동반한 명(0.5×2cm) 등이 관찰되었다(4권 25쪽). (4) 한편 피고인의 소변에서는 필로폰, 엑스터시 성분이 검출되었으나, 모발에서는 마약 성분이 검출되지 않았다(2017고합1306호 사건의 수사기록 208, 505쪽). 나) 국립과학수사연구원의 부검감정서 내용(514쪽 이하) 부검 결과, 피해자의 식도와 기도 점막에서 국소적인 출혈, 2~3번 흉골에서 출혈을 동반한 골절, 오른쪽 가슴 안 공간에서 400cc가량의 혈액, 위(stomach)에서 80cc가량의 죽상 내용물이 각각 관찰되었다. 피해자의 혈액에서 메트암페타민(필로폰), 메트암페타민의 대사물인 암페타민, MDMA(엑스터시), MDMA의 대사물인 MDA가 각각 0.8mg/L, 0.021mg/L, 1.3mg/L, 0.079mg/L 검출되었다. 피해자의 모발에서는 마약 성분이 검출되지 않았다. 필로폰의 최소 추정 치사량은 1g, 혈액 중 치사농도는 0.1~69mg/L로 보고되어 있고, 필로폰 과량 복용으로 사망한 13개 사례에서 혈액중 필로폰 농도는 0.09~18mg/L였다. 엑스터시의 최소 추정 치사량은 0.3g, 혈액 중 치사농도는 0.4~11mg/L로 보고되어 있다.

In blood and the above contents, the raw ingredient (proach) exempted from water was not detected, and 7 Aminoflurate, an ambassador, was detected, but within the treatment concentration range. When considering the external table, the frame and the substance of the telegraph, there was no damage likely to be recognized as a private person in the context of the natural person, and the concentration of the philophone and the Xlim is respectively the dead concentration, the victim is deemed to have died from the philophone and the Xlim addiction.

C) The additional opinion of the autopsy (1,232 pages and below) revealed the following opinions in the reply to the prosecutor’s fact-finding by the prosecutor. ① The result of the autopsy alone cannot be readily determined as to whether it is a horse medication or a injection, and it is difficult to estimate the dose only with phiphonephones and X-ray concentration in blood. ② The literature shows that the minimum presumed death by a person is 1g and the minimum presumed death by a X-ray is 0.3g. However, the other literature also reported the death after taking a small quantity into account. The content of the narcotics and the ambassadors cannot be presumed to have taken place in blood.

(d) The appraisal opinion (1,422 pages 1,422) of the panel of the prosecutor’s advice indicates the following comments in response to the prosecutor’s request for appraisal:

(1) There is no objection to the judgment of the autopsy that deemed the victim's addiction, such as philophone, as the cause of death, is included in the blood concentration of each case of death, and there is no opinion that may be any other cause of death.

(2) 사체에서 관찰되는 아랫입술 점막출혈, 왼쪽 볼 부위와 턱 부위의 선상 피내출혈, 오른쪽 볼 부위의 국소적인 피부까짐은 가해자가 오른손으로 피해자의 코와 입을 동시에 막을 때(비구폐색) 발생할 수 있는 손상이다. 아랫입술 점막출혈과 같은 입술 내측손상은 가해자의 코 입을 막으려는 힘과 피해자의 저항하는 힘에 따라 손상 정도가 달라질 수 있기는 하나, 아랫입술 점막출혈이 비교적 가볍고(입술이 치아에 찧어 찢어진 손상은 없음), 오른쪽 볼, 왼쪽 볼, 왼쪽 턱 부위의 손상도 비교적 가벼운 정도이므로 강하게 누르거나 강하게 저항한 것 같지는 않다.

On the right side of the victim, the possibility that the perpetrator suffers from the knife that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, it cannot be ruled out. On the face, if the knife knife knife knife knife knife knife knife knife knife knife knife, and there is no opinion about the knife knife knif.

The depression that is observed at the end of the injured party is accompanied by the process of the victim's death due to philophones and X-gu addiction, and the death is expected to be further promoted due to the pulmonary disorder if the pulmonary blood is in progress, or the breath or the breath of the body is faced with the pulmonary disorder.

(3) Although cardiopulmonary resuscitation after death may also occur with scarcity, it is deemed difficult to ex post facto 400ml in the pulmonary mar fever. Therefore, it is deemed that cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary resuscitation was not carried out after death, but that pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary resuscitation was conducted after the death.

(4) In relation to the presumption of the time of death, in the case of normal person, the degree of “the deceased,” at the time before and after the food was taken, and the degree of 6 hours after the food was taken. However, it is unreasonable to apply the lower level of normal fire extinguishing to the instant case as the victim is an entertainment employee and was taken with food at the late night.

119 구급대원의 진술에 따르면 07:50경 사체의 피부가 차갑게 느껴졌고, 턱관절이 뻣뻣했으며, 대변이 나와 있었고, 심장전기 반응이 '무수축'이었다고 하므로, 이미 사망했다고 볼 수밖에 없다. 턱관절이 뻣뻣한 정도를 정확히 알 수 없고, 심한 발작 후 사망하면 비교적 빠른 시간 내에 시체강직이 일어나므로, 턱관절이 뻣뻣한 것으로 사후 경과시간을 추정하기 어렵지만, 그렇더라도 턱관절이 뻣뻣할 정도이면 사후 1시간 이상은 경과되었을 것으로 추정된다.

(5) In relation to whether it is possible to use water immunity, since all of the blood and above contents of the victim's blood were detected without detection, and only an ambassador component was detected, the victim on the day of the instant case should be deemed not to have taken the exemption.

7) The statement of 0 inmates

A) The Defendant 0 stated to the effect that “A prisoner 0 was detained and detained by the Defendant, and was living in the same room as the Defendant and Seoul detention center from October 30, 2017 to November 22, 2017.” As to the circumstances in which the Defendant stated on the instant case, the Defendant stated to the effect that “A prosecutor is the same as the prosecutor of the investigation of hydropatos P and the investigation of the Defendant, who is pro-friendly, and the prosecutor would ask P for the Defendant’s living in the detention center, and that P would have become well known by means of the same room as the Defendant.” (0-legal statement, 1,268 pages).

B) In the prosecutor’s investigation, the Defendant stated as follows as to “the speech from the Defendant was made at the detention house” (1,267-1,291 pages). ① The Defendant, on the day of the incident, she became a guest late, and she was sleeped with the victim, and she was sleeped with the victim, and she was sleeped with severe desire, and slicked. The victim was slicked with her (the Defendant). The Defendant stated that “I will send her slickly after she was slicked with the victim,” and “I want to do so even after she got slick with the victim,” and that “I am slickly slick with the victim, I am slick with the victim, and she did not slick the victim after slicking the victim.”

C) 0 made a statement in this court as follows. ① With respect to the dispute on the day of the instant case, the part of the assault stated that “I have been sleeped prior to her being sleeped.” The same is the part which was written by mistake. The part which was written by mistake.” In the first part of the bath, “I have made a statement to the effect that I have been sleeped about whether I would have made such slick and sleeped? I have again made a statement to the effect that “I have been sleeped on the day of the instant case,” and then, I have again made a statement to the effect that “I have not slicked before being sleeped,” and that “I have again made a statement to the effect that I would not have sleep before being sleeped,” and that I have again made a statement to the effect that I would have “I have slicked,” without having any direct knowledge of how I would have w w w w know about.

B. Judgment on the facts charged of murder

The conviction in a criminal trial shall be based on evidence of probative value, which makes it possible for a judge to have the conviction that the facts charged are true beyond a reasonable doubt.

It is clear that the Defendant and the Victim died because of excessive administration of phiphonephones at the time and place where only the Defendant and the Victim are located. However, in light of the following circumstances, the evidence submitted by the Prosecutor alone is sufficient doubt that the Defendant murdered the Victim by inserting the phiphonephones, etc. to the extent of his/her death at the time and time when the Defendant kills the Victim, melting him/her, and making him/her not aware of such fact, and causing him/her to do so.

It is insufficient to recognize that it has been proven beyond room.

1) As a motive for murder in relation to the motive for murder as stated in the facts charged, in order to kill the victim as a motive for murder; while the defendant assaulted the victim and is dissatisfied with the victim, appraisal is explosiond due to scam, scam, scam, etc.; on the other hand, the administration of phiphonephones, etc. is discovered; and the relationship with J is likely to be broken down.

The evidence consistent with the above is the content of G dialogue between the Defendant and the victim on the day, CCTV images, 0, and Q. However, as seen below, it is difficult to recognize the motive of the Defendant’s murder, such as the facts charged, based on the above evidence alone.

A) As to the contents of G dialogue on the day

(1) It is true that the Defendant, from September 25, 2017, from around 13:25, 2017, the day before the instant case was the day to September 3, 2017, 200:50, the Defendant claimed that the victim and G Mesens were the victim. However, considering the following circumstances, it is unreasonable to deem that the said dispute caused the Defendant to feel a strong sense and Mesens with the victim to kill the victim.

The Defendant and the victim were engaged in entertainment business as an employee of the entertainment business, and the other party was aware of the fact that the Plaintiff and the other party came to know of the existence of the entertainment business in the entertainment business, or that it continued to meet with the outside of the entertainment business establishment, prior to the day of the instant case. The Defendant had been aware of the fact that, while residing in Singapore, female re-satis in China had maintained a relationship with J, and the victim came to have a relationship with J. The Defendant was aware of the existence of I. The Defendant was also aware of the existence of I. The Defendant did not explicitly speak at the investigative agency as “the investigative agency that the victim was not aware that he did not have a sexual relationship with I.” (1,323). Nevertheless, the Defendant and the victim continued to have a relationship with I for more than one year with respect to the occupation or separation relationship between the two parties.

Around the instant case, the victim was frequently coming to have sexual intercourse with the Defendant by developing the relationship with the Defendant. However, on August 31, 2017, the Defendant returned to the Republic of Korea, and administered the Defendant’s home, carried the Defendant’s house, and philophones, etc., together with the Defendant. Before dispute with G on September 2, 2017, the Defendant was given a multilateral message to G. On September 2, 2017, the victim sent the Defendant a message to the effect that he did not comply with the Defendant’s promise to “important customers” while he sent the message to the effect that he did not comply with the Defendant’s promise to “I”. The victim sent the message to the effect that he did not appear to have a strong relationship with him or that he would not meet the Defendant in the future.

(2) Whether a report on the administration of philophones or a threat of breadth in relation thereto is likely to be made

While disputing G on September 2, 2017, the victim voluntarily surrendered to the police, or sent the Defendant a message to the Defendant that he/she would know the existence of his/her body and the fact of the use of the phone to his/her Chinese woman-friendly delivery. However, in light of the following circumstances, it is difficult to view that the content of the above message alone concerns about the notification of the use of the victim or the scope of the relationship as much as the Defendant would cause the death of the victim.

In light of the context before, after, after, and after, G dialogue or specific words, this seems to have been sent with the aim of preventing the defendant's behavior by expressing the fact that the victim had been satisfy due to the defendant's continued interference and urging him to understand his situation. On September 1, 2017, before the two people dispute, G entered into a conversation to the effect that all the defendant and the victim were satisfying sexual relations after the satisfy administered the satisfy. However, it is difficult to understand that the victim had expressed a serious intention to suspend the satisfying of the satisfy and self-denunciation solely on the ground that the defendant and the day were disputed in G without any particular opportunity, it is difficult to understand that the victim had expressed a serious intention to satisfy about the satisfying of the 'J'. Although the victim was aware of the existence of the 'J', it does not seem to be any circumstance to see that there is any attempt to

나) CCTV 영상에 대하여 사건 당일인 2017. 9. 3. 00:50경 피고인이 이 사건 빌라에 도착하여 빌라 앞 계단에서 피해자를 만나 대화하는 모습은 크게 화가 나 다투는 중인 남녀의 모습으로 보기 어렵다. CCTV 영상을 보면 피고인과 피해자는 이 사건 빌라 앞 계단에서 걸터앉거나선 체로 대화를 나누다가, 피해자가 피고인의 차량을 가리키자 피고인이 자신의 차량으로 가서 주차 위치를 바로잡은 다음 다시 피해자 쪽으로 다가오는데, 이때 달려와 빌라 계단에 걸터앉아 있는 피해자의 머리를 꿀밤을 먹이듯 가볍게 쥐어박았다. 공소사실에는 이러한 행동을 가리켜 피고인이 피해자를 폭행한 것이라는 취지로 기재되어 있으나, 서로 대화를 나누는 모습이 언쟁을 벌이는 것으로 보이지는 않는 점, 피고인이 피해자의 머리를 쥐어박았을 때 피해자가 특별한 반응을 보이지 않은 점 등 CCTV 영상에 나타난 전후 사정을 고려하면, 이는 다투는 과정에서의 폭행이라기보다는 연인 간의 장난에 더 가까워 보인다.

C) On the day of the instant case regarding the statement 0, the only evidence as to the part where the Defendant and the victim had a dispute over the victim, such as the Defendant’s taking of a serious desire to the victim, is the statement of the detention house capital 0 and Q that the Defendant had taken such contents. However, all of the above statements are questionable as follows.

0 In the prosecutorial investigation, 0 stated to the effect that the defendant was able to have scam and scam the victim's scam on the day of the incident, but in the court, the part of the assault was written by her mistake, and all the scams were reversed. In the first part of the bath theory, 'influence and scam scamscams as to whether she was scam and scam in writing', and 'influence when she was asked again of the same purport', 'influence' was said to be a scam on the day of the instant case. Meanwhile, while Q's statement made the same purport as 0, it is difficult to recognize the value of evidence as the content of the statement is extremely simple.

0. The point at which Q asked the above talks is that the Defendant was issued a warrant of detention due to the charge of medication and assaulting, and was charged for the first time only due to the charge of medication, and then the Defendant was additionally indicted for the charge of murder. At the time, the Defendant continued to assert that, while being asked for the charge of assault or murder in several times of prosecutorial investigation, the Defendant did not see that he did not see any fact after the date of the instant case. However, it is difficult to readily understand that the Defendant talked about a dispute or assault to 0 or Q on the day of the instant case that may have a very unfavorable effect on himself.

Considering these circumstances, the part of the dispute regarding assault or bath theory in the statements of 0 and Q cannot be ruled out to have been claimed by the Defendant on the day before the instant case, which was alleged by the Defendant prior to the instant case or G, or to have been mixed with memory.

(d) other evidence or circumstances opposite thereto:

(1) 04:00경까지 큰 소리의 말다툼이 없었던 부분G 대화 내용과 같은 다툼이 주된 살해 동기로 작용했다거나, 공소사실과 같이 피고인이 살인을 결심하기에 이를 정도로 피해자에 대한 질투심, 배신감, 분노가 폭발하였다면, 피고인과 피해자가 만난 직후부터 큰 소리로 다투지 않았을 리 없고, 이 사건 빌라는 주택가에 위치해 있으며 당시는 한밤중이었으므로 이웃들이 다투는 소리를 충분히 들을 수 있었을 것으로 보인다. 그러나 아래층과 옆집 이웃들은 04:30~6:00경에 쿵 쿵거리는 소리와 여자 비명소리를 들었다고만 진술하였을 뿐이고, 그 이전에 남자 목소리를 들었다거나 말다툼하는 소리를 들었다는 진술은 보이지 않는다. 위 쿵쿵거리는 소리와 여자 비명소리를 피고인과 피해자가 말다툼하는 소리라고 보기도 어렵다(위 소리는 마약 중독 후 발작하거나 사망하는 과정에서 났던 소리로 보인다).

(2) Details of mobile phone use by the Defendant and the victim

At least 01:19, after the victim was 30 minutes of entry into the Defendant and the instant Ba, the victim sent the phone to I and sent G message. The Defendant, even around 02:40, at around 03:44, sent a cell phone to the portal site and music programming site. This is difficult to view that the Defendant was a person in serious dispute. It is doubtful whether it is possible for the victim to go through the phone if the Defendant was dissatisfied with the strong scambling, display of scams, and display of scams in connection with I (the Defendant, at the court, was able to go through the bar because he was sent to the victim and sent to the clothes, and was sent to the victim.)

2) If the Defendant contests the method of killing and intentional murder with the victim, it should be explained by any means that it would be able to understand the specific method of crime as to how to capture the victim, by deceiving the victim, and allowing the victim to take the call, etc. In this case, the victim did not directly respond to the question whether the victim would have taken a serious bath from the Defendant, and how to administer narcotics thereafter, if the victim was assaulted by the Defendant, then the victim stated that "the victim would have taken a shower," and that the Defendant was only "the victim was able to take a shower, and the victim was able to take a bath after drinking narcotics." However, since the Defendant, i.e., telephonephone was purchased before this mold for the purpose of administering the phone, the victim was able to take a popon (678 pages), and the victim was able to take a pononon the phone to the extent that the victim did not know that the victim had been able to take a pononch with the victim's ponch.

The Defendant’s DNA, as well as the victim’s DNA was detected in many parts (1,368 pages). Accordingly, the victim himself/herself blick and blicked the drugs. In this regard, the prosecutor’s investigation stated that “the Defendant was blick and blicked into two scam and blick, the victim was aware of the fact that he/she was flick and blicked later, and he/she was flick at the time of the investigation.” However, the prosecutor’s office stated that “the victim did not know that he/she was flick and blicked of the fact that he/she was flick at the time of the investigation,” while recognizing the fact that he/she made such statement at the time of the investigation, the victim did not appear to have been flick and blicked by the Defendant, but the victim did not appear to have been aware that he/she was flick by the Defendant’s act that the victim was on board.”

If the Defendant selected by means of murdering phiphones, he/she should have known the volume of phiphones, etc. in advance, and at least at least a minimum volume of death. However, there is no proof as to whether the Defendant was aware of the volume of death or injury. However, there is no evidence as to whether the Defendant had a philophone or X masters. On July 1, 2017, the Defendant’s cell phone visited the philophone sales site on July 26, 2017, or searched the Rolophone net degree, philophone-phone use method, and Dolophone creation, etc. (768,123 pages), but there was no record that the Defendant made a statement about the 1g amount of philophones, and 2.6g amount of chilophones purchased at least 70 glograms and 70 glograms, and there was no presumption that the Defendant made a statement about 70 glograms and 76 glograms.5 gs.

Meanwhile, according to the fact-finding inquiry by the autopsy, the case of death after male at 22 years of age 0.14g (140g), the case of death of female at 0.15g (150g), and the case of death of female at 18 years of age. Also, considering the fact that the victim’s 0.03g (30g) was administered 10 men after 3-5 hours after 10 times, the blood phone concentration at least 0.062m/L did not change the victim’s personal health condition, physical condition, physical absorption rate, and lapse of time, etc., the victim’s 10 days of death was found to have no more than 10 days of death (the victim’s 1.5m of death was found to have no more than 9m of her body, and the victim’s 1m of death was found to have no more than 1m of her body, and the victim was found to have no more than 9m of her body.

3) In relation to the voltage after medication as stated in the facts charged, the victim saw the victim as scopphone addiction, and stated that the victim died from addiction such as scopphones, etc. in the process of the crime. The prosecutor asserts to the effect that it is an indirect fact that causes the death of the victim, or that it is an act of murdering (the second trial date) by deceiving the victim of an indirect fact that may cause the death of the defendant (the first trial date) or by deceiving the victim (the second trial date). However, it is difficult to see that the above act may lead the defendant to murder or that the above act is one of the murdering acts.

즉 피해자의 얼굴, 목 부위에서 압박의 흔적으로 보이는 상처가 발견되었으나, 직접적인 사망원인이 될 정도의 상처는 아니다. 법의학 자문의도 얼굴, 목 부위의 상처가 비교적 가벼운 정도이므로 강하게 누르거나 강하게 저항한 것 같지는 않다고 보았다. (1,428쪽). 이 사건 빌라 아래층 입주자는 04:30~06:00경(위 입주자 아내의 진술에 따르면 04:30~05:00경) 사이에 위층에서 쿵쿵거리는 소리가 여러 번 들렸다가 안 들리기를 반복했고 여자의 비명소리도 3차례 들렸다고 진술하였다(50, 51쪽). 이러한 사정을 종합하면 피고인은 피해자가 상당한 시간 동안 이웃들이 들을 수 있을 정도로 크게 발작하고 비명을 지르는데도 피해자의 입과 코를 강하게 틀어막거나 목을 강하게 조르는 등의 방법으로 피해자를 살해하지 않은 채 큰 소리만 나지 않도록 입 등을 막으면서 붙잡고만 있었다고 볼 수밖에 없다[법의학 자문의는 피해자 얼굴의 상처가 코와 입을 동시에 막았을 때 발생할 수 있는 손상이라는 의견을 밝혔으나, 그 의견에 피고인이 오른손 한 손을 사용하여 막았다는 근거 외에 피해자의 코와 입을 '동시에' 막았다고 볼 뚜렷한 근거는 제시되어 있지 않고, 볼, 입술 부위와 달리 코에서 아무런 상처가 보이지 않는 점(4권 98쪽), 피고인은 사건 당일 참고인 진술 때부터 이 법정에 이르기까지 일관되게 '코를 막지 않도록 주의하면서 입만 막았다'고 진술하는 점 등에 비추어 보면, 피고인이 코와 입을 동시에 막았는지는 의문이다. 피고인이 피해자를 살해할 의도가 있었다면 피해자가 의식이 없어 저항이 어려운 상태였으므로 쉽게 살해할 수 있었을 것으로 보이는데, 이웃들의 신고에 의한 발각의 위험을 무릅쓰면서 즉시 피해자를 살해하지 않았다는 부분은 쉽게 이해되지 않는다.

Meanwhile, a medical adviser presented his/her opinion that his/her behavior to prevent the victim from being injured or to suppress the victim may cause respiratory disorder and promote the death of the victim (1,431 pages). However, in light of the foregoing circumstances, it is difficult to view that the defendant has threatened the victim with intent to intentionally kill or cause death.

4) As to the defendant's movement before and after the 119 Declaration

At the time of reporting 119, the Defendant made a statement to the effect that he had already made a cardiopulmonary resuscitation, and consistently made a statement to the effect that he had consistently made a cardiopulmonary resuscitation to the victim before reporting 119 from the time when the witness statement was made on the day of the instant case (No. 33 pages). This conforms to the result of autopsy. In light of the victim’s blood transfusion within 400ml in the right scarcity, the medical adviser expressed his view that it is not carried out after the death, but rather deemed that the cardiopulmonary resuscitation was carried out after the outbreak of drug addiction (1,432 pages). Considering the fact that it appears that the victim was dead at the time of the arrival of the first aid unit, and that the above cardiopulmonary resuscitation was carried out by the Defendant. In view of the fact that the Defendant was aware that the victim was dead even if he had the intention to kill the victim, it goes against the rule of experience.

There is no reason to see whether or not the defendant searched the Internet as a mobile phone for the purpose of concealing the crime after the victim's death.

5) Regarding the inconsistency of the Defendant’s partial statements or inconsistency with scientific evidence

① The number of scams used for medication, such as scams (the Defendant alleged that scams are dyke, etc.) (the scamscams were dyke, but the Defendant’s nA was detected from the contents of scamscam’s cell, the victim’s DNA was not entirely detected, and one kind of scam’s scam was added within scamscams. Thus, as seen from the Defendant, scamscams were 2 remaining, and the Defendant and the victim were likely to have dyke respectively dykes); ② whether scamscamscams (the Defendant stated that scamscamscamscams were exempted after medication, such as scamphones, but scamscamscams were not entirely detected in the body of the victim; ③ whether scamscamscamscams and 150 minutes of the Defendant’s oral statement.

The fact that the defendant partly made a false statement is not enough to prove that the facts charged that "the defendant intentionally killed the victim by causing the victim to take away the shotphones, etc. of the death resulting from the shotphones, etc. immediately after the 119 report, in the absence of many questions about the motive of murder, the intention of murder, the method of murder, and the criminal behaviors of the defendant before and after the 119 report, etc., as seen above, cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the facts charged of the violation of the Act on the Control of Narcotics, etc. (flaps). As examined earlier, the evidence submitted by the prosecutor alone is insufficient to recognize that the facts charged that the defendant caused the victim to use the shotphones, etc. by shotphones, etc., to kill the victim, was proven to the extent that there is no reasonable doubt as to the facts charged by the prosecutor.

4. Conclusion

This part of the facts charged constitutes a case where there is no proof of crime, and thus, is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 58(2) of

The presiding judge, the highest judge;

Judges Gin-type money

Judges Shin Jae-ho

1) Of the investigation records of the case No. 2017 Gohap1264, 4 books in the investigation records of the case refer to the fact-finding records in which the closed land is separately marked; hereinafter referred to as "four books").

2) Before September 1, 2017, the Defendant was aware of where the Defendant was in injection because he used an injection device when he administered narcotics with the victim.

I stated that he was abandoned (the Defendant’s legal statement) and that his fingerprints, DNA, and drug ingredients were not detected in the injection machine (617,851);

1,131 pages) In addition to those by an emergency rescue unit in the victim’s body, the injection trace related to the administration of narcotics has not been found (590 pages), so the above is not found (590 pages);

It is difficult to view that the act is directly related to the instant case.