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(영문) 인천지방법원 2017.01.11 2016노3660
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) E and F made a statement that had been one year and six months before the date, and thus, it is inevitable to inevitably intervene in the reproduction of memory; E and F made a statement that the previous statement was reversed or inconsistent with each other in the process of making an investigation agency think that the credibility of the statement is doubtful and that E and F are doubtfully doubtful, and that E and F made a statement that is not accurate memory is unreasonable; E and F made it difficult for the above statements to be false on the grounds that there is no particular reason to believe the defendant to be innocent; in light of the above, the above statements are direct evidence of the facts charged, and their credibility is sufficiently recognized; therefore, the court below rejected the credibility of the above statements and acquitted the defendant on the ground that there is no proof of the facts charged, and thereby, acquitted the defendant,

2. The court below rejected the credibility of the above statement on the ground that the statement of E and F, a direct evidence of the facts charged, is frequently changed, and that it is not consistent with the objective evidence, such as financial transaction details, and sentenced the defendant not guilty on the ground that there is no proof of the facts charged. The court below found the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① there was no awareness prior to the instant case at risk of risk by the defendant.

The fact that E and Philphones were not considered to have been traded [the defendant is consistently asserting that E is not memoryed (the evidence record No. 212 pages, No. 229)], ② E has transacted with G and Philphones from before reaching the defendant, and G has been a driver of F (the trial record No. 117 pages, No. 119, No. 56, No. 58, No. 119, No. 58, No. 1, etc., of the evidence record), and hardening is G by the defendant, such as the charge No. 1.

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