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| TITLE | Supreme Court Decision 2023Do8024 Decided August 31, 2023 【Violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury by Hit-and-Run Vehicle); Violation of the Narcotics Control Act (Psychotropic Substances); Violation of the Road Traffic Act (Failure to Take Action After Accident); Violation of the Road Traffic Act (Driving Without a License)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] A matter of method of estimating the period for which narcotics might have been used based on hair appraisal results and matters to be considered in handing down a guilty verdict after estimating the period for which narcotics might have been used on the sole basis of hair appraisal results in crimes related to the use of narcotics [2] In a case where even though Party A, the criminal defendant, is not the person handling narcotics, Party A was convicted of the facts charged such as administering methamphetamine in a manner of making an injection after diluting methamphetamine (Philopon), corresponding to psychotropic substances, with water and then inserting it in a disposable syringe, the case holding that the lower court, which convicted Party A of the fact that methamphetamine was injected to Party A on the sole basis of the circumstance that methamphetamine was detected in the process of appraising Party A’s hair and in disposable syringes found in the process of seizing and searching Party A’s vehicle, erred and adversely affected the conclusion of judgment by violating the principle of trial by evidence and the principle of free evaluation of evidence | |
