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(영문) 인천지방법원 2014.01.22 2013고단7969
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. The Defendant, at the Incheon District Court on September 4, 2009, sentenced 2 years and 6 months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence at the Chungcheong detention house on December 14, 201, and is not a person handling narcotics.

The Defendant from around June 28, 2012

7. Around December, 197, the Melapop (one philopopon) Melacops (one philopon) was administered once in a non-fluorous manner in the Seoul and the Gyeonggi-do (hereinafter referred to as “Melopon”).

2. Determination

A. The facts charged of the instant case’s assertion by the Defendant and the defense counsel are based on the Maternal Evaluation, and thus not specified. The Defendant did not have administered phiphones around the time indicated in the facts charged.

B. The date and time from around June 28, 2012, on the basis of the currency content with C, consisting of phiphone cultivation reaction from the maternity appraisal on two occasions as to whether the facts charged are specified or not, and the date and time based on C.

7. On December 12, 198, the place is the place where the defendant was located, and the frequency of medication is one time (the first day of trial) as a result of the statement of the defendant's currency, so the facts charged are specified. (C) In the judgment of the crime of existence, criminal facts must be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor's proof does not sufficiently reach the extent of having the above conviction, it should be determined in the interests of the defendant even if there is a doubt of guilt, such as the defendant's assertion or defense contradictory or uncomfortable, even if there is contradiction in the evidence submitted by the investigative agency. (2) Of the evidence submitted by the investigative agency, the most suitable evidence of the facts charged of this case is the request for appraisal by the 6th day of the evidence list, the investigation report by the evidence list No. 36 (Attachment of additional statement as a result of appraisal), D's statement and cell phone call call details by the informant.

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