The defendant shall be innocent.

1. The Defendant is not a narcotics handler.

At around 18:00 on March 20, 2017, the Defendant issued to C, at the front of Seodaemun-gu Seoul Metropolitan Government, approximately 0.05g of the psychotropic drugs, which were contained in a transparent plastic paper paper of the size of the block in the block, to C, and received the blickphone (hereinafter “lickphone”).

2. Determination

A. The Defendant consistently stated from an investigative agency to this court that there is no fact between the place where the offense was committed on the date and time stated in the facts charged and that C does not have any fact that there is no fact.

B. First, according to the record, there is a consistent statement from the investigation agency of D, which was accompanied by C and at the time, to this court, as to the fact that the Defendant granted C a written phone free of charge, and there is a circumstance in which punishment has become final and conclusive due to the act of giving and receiving the instant written phone.

However, in this case where there is no objective evidence other than the statements of C and D, the detailed reasons and motive of the issuance of philophones stated by them should be considered as an important factor in determining credibility.

According to the records, it is recognized that C and D make a statement about the situation of and motive for the issuance of phiphones as follows:

① On April 20, 2017, C was put on probation due to the same crime, at the urine prosecutor conducted by the probation office, the reaction of phiphone training was made.

In the investigation of a probation office, C stated that he/she was issued a dose twice from his/her name in advance.

(2017. 6. 15.자 C에 대한 검찰피의자신문조서, 증거목록 18번). ② C는 체포 당일인 2017. 6. 8. 경찰조사에서,「피고인과 인사를 하고 근황을 묻던 중 피고인이 주머니에서 작은 비닐종이를 꺼내 슬며시 건넸다. 순간 마약이구나 하는 생각이 들어 거절하지 못하고 받아두었다. 피고인은 양면성을 가진 놈이어서 거리를 두고 지낸 사람이다」는...