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(영문) 부산지방법원 2018.09.05 2018고단2073
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. On July 2014, the Defendant: (a) inserted approximately 0.03g of Memptopops (one philopopon; hereinafter “philopon”) which are a local mental medicine in the Defendant’s residential room located in Busan-gu Busan-gu Busan-gu Busan-gu Busan-do, into a one-time injection machine; (b) injected a philopon by means of injecting it into one-time injection; and (c) dilution into one’s arms.

2. Determination

A. The Defendant asserts that, from January 10, 2014 to April 14, 2015, he/she was arrested due to the suspicion of scopon medication, he/she administered scopon two times (on September 25, 2014 and May 14, 2015) (on September 25, 2014 and on the date stated in the facts charged, he/she was sentenced to the judgment, and that there was no fact that scopon was administered.

B. At the investigation stage, the Defendant led to the confession of the facts charged in the instant case, and the Defendant’s detection of DNA in a single-use plastic injection instrument from which the response to the training of phiphones was generated as evidence for reinforcement of this, etc. (Evidence List 1, 3, 4, 5, 7).

However, solely on the fact that the Defendant’s DNA was detected at plastic injection machines, the Defendant administered phiphones on the date and time stated in the facts charged to “Singman of early July 2014.”

It is difficult to conclude otherwise, and there is no evidence to reinforce the confession to the investigation agency of the defendant.

3. Conclusion, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act (the summary of the judgment of innocence is not disclosed in accordance with the proviso of Article 58(2) of the Criminal Act, as the Defendant does not consent to the public

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