(영문) 부산지방법원 2012.12.14 2012노2880 | 리걸엔진

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(영문) 부산지방법원 2012.12.14 2012노2880

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, upon F’s request by F, the operator of the middle school at the time and time specified in paragraph (1) of the facts charged, went to F to the Diveel as stated in the facts charged; (b) and (c) there was no purchase of psychotropic drugs from E, E, psychotropic drugs (hereinafter “live phone”; and (d) no fact exists after the date and time specified in paragraph (1) of the facts charged, and there was no fact that the Defendant received live phone from F as stated in paragraph (2) of the facts charged, with the same background as indicated in the facts charged, the lower court concluded that the Defendant purchased 0.6g of the live phone from E and received 0.03g of the live phone from F with the same background as indicated in the facts charged in the judgment of the lower court, and that the lower court erred by misapprehending the fact that the Defendant accepted 0.03g of the live phone from F.

2. Determination

A. The summary of the facts charged (1) Notwithstanding that the Defendant is not a person handling narcotics, around 06:00 on March 201, 201, the Defendant paid KRW 200,000 to E at the DMoel located in Busan Metropolitan Government Dao-gu, and then purchased 0.6g of phiphonephones from E.

(2) Notwithstanding that the Defendant is not a person handling narcotics, around May 201, around 21:00, the Defendant received philophones by receiving approximately 0.03 g of philophones from F in the manner of receiving approximately 0.03 g of philophones from F.

B. As to the Defendant’s change from the investigative agency to the trial of the party, the Defendant consistently went to the Domoel indicated in the facts charged, which was administered by F, upon the request of F, a middle school captain, at the time and time as indicated in paragraph (1) of the facts charged, and went to the Domoel as indicated in the facts charged, in order to commemorate F, and only to leave F, E was written. However, due to the same circumstance as indicated in the facts charged, there was no purchase of Domophonephone from E, and the time after the date stated in paragraph (1) of the facts charged, the Defendant was

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