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(영문) 창원지방법원 2015.05.27 2015노400
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant did not commit the crime of this case.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant, even though he is not a person handling narcotics, was in possession of a disposable injection device containing approximately 0.74 g of psychotropic drugs in front of the Southern Blue Elementary School.

B. The lower court found the Defendant guilty on the ground that, in light of the fact that the police officers belonging to the Gyeongnam Provincial Police Agency, where the Defendant was waiting in advance for the purchase of phiphones, arrested the Defendant and searched the surrounding areas while arresting the Defendant, the police officers belonging to the Gyeongnam Provincial Police Agency, where the Gyeongnam Provincial Police Agency was temporarily divingd, and found the phiphones (hereinafter “the instant phiphones”), which was shot back from the lower side of the school fence. According to the CCTV images taken at the time of the scene of the CCTV (hereinafter “the CCTV images in this case”), the Defendant waiting in F at the place of commitment, while waiting in F at the school fence at the time of the arrival of the school, and the police officers who reported the Defendant who were going to keep the Defendant, were able to have a phiphones on the front side of the school fence at the time of the arrival of the school. In so doing, the lower court found the Defendant guilty of the instant phiphones.

C. The following circumstances revealed in accordance with the evidence duly adopted and examined by the lower court, namely, ① the F agreed to purchase phiphonephones from the Defendant at the time and promised to do so before the Southern Elementary School; ② The CCTV images of this case are the front of the Southern Elementary School, a place promised by the Defendant at the time when the Defendant promised with F.

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