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(영문) 수원지방법원 2017.06.23 2016노8652
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to evidence, such as the statement of the grounds for appeal E, and the record of the medical records prescribed by the law prior to the date of the instant crime, the court below found the Defendant not guilty, by misapprehending the legal principles or misapprehending the legal principles, even if the instant facts charged are recognized.

2. The Defendant is not a narcotics handler.

On December 27, 2015, the Defendant, around 20:50, decided to do golf with E in the screen screen c located in Sc in Sc., and then, during a golf practice in E and the Han eye, the Defendant sent two a half-half of the A-ray cryp, a local mental drug, to E, within the coffee strings from the coffee set up from the coffee crost, and let E drink the said coffee.

As a result, the Defendant used a Pampas, a local mental medicine.

3. On the judgment of the court below, the court below determined that there was no proof of crime for the following reasons.

A prosecutor filed a public prosecution on the basis of the following facts: (a) the Defendant was found to have two anti-definites containing a Pampling ingredient in E, the Defendant was given a prescription on December 15, 2015; and (b) the Defendant was given a prescription on the Amilation inside a coffee; and (c) the Defendant’s statements on the respective confinites of E and screen golf course business owner F, in which the Defendant would have put the Amilism in a coffee.

However, E, in this Court, “Before making golf with the Defendant, the Defendant had been aware of the fact that there was any foreign material such as the franchis and franites, and thus, the Defendant had no doubt about the Defendant.”

“Without asking questions to the effect that “,” it is asked only to F who manages the coffee machine, and stored the above substance.

“A witness recording (11th page of the record of the witness). A copy of the above statement contains foreign materials such as Alfina, the Defendant himself.

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