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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
Despite the fact that the Defendant is not a narcotics handler, according to the records of approximately 1.9g, 50,000 won in a vehicle parked in front of the convenience store located in Kimhae-si, Kim, on September 2, 2017, and approximately 1.84g of Melopon (hereinafter “Melopon”), which is a local mental medicine, D holds on September 6, 2017, and seized a philopon (No. 1.84g (Evidence 1). D is a combination of philopon purchased from the Defendant and E, and among which, Melopon purchased from the Defendant, Melopon was administered together with the Defendant.
The amount of philopon that D purchased from the Defendant is 112 pages. Thus, the amount of philopon plus 0.06g of philopon that D purchased from E around September 5, 2017, after adding the Defendant’s philopon 0.7g, which was administered around September 2, 2017, would be 1.2g (=1.84g 0.06g - 0.7g).
Therefore, “Wilopon 1.9g” written in the indictment appears to be 1.2g of 1. (Evidence No. 13,23,35 pages) and approximately 1.23g of marithics and marijuana sold phiopphones and marijuana.
Judgment
In light of the following circumstances acknowledged by the record, it is difficult to believe that D’s statement in the court and investigative agency as shown in the facts charged of this case is consistent with the above facts charged, and the evidence submitted by the prosecutor alone, which the Defendant sold phiphones and marijuana (hereinafter “phiphones, etc.”) to D as indicated in the above facts charged.
It is insufficient to recognize it.
D does not make consistent or clear statements with regard to the process of purchasing phiphones, etc. from the defendant as follows.
D The purport that, on September 6, 2017, the investigative agency made a confession of the administration of phiphones around 22:30 on September 2, 2017 and purchased the said phiphones, etc. from the Defendant, i.e., “S. 2. 2. 9. 2. 2. 2. 2017, Kimhae-si's convenience store, and the Defendant fluencing from the convenience store.