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(영문) 대법원 2013.05.23 2012도16200

마약류관리에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Article 254(4) of the Criminal Procedure Act provides that “The facts charged shall be stated clearly by specifying the time, date, place, and method of a crime,” and the purpose of this provision is to confirm the object and scope of a trial by the court, and to guarantee the defendant’s right to defense.

Therefore, unless there are special circumstances, such as the general indication in light of the nature of the offense charged, and even if so stated, there is no difficulty in exercising the defendant’s right to defense, the facts charged must be comprehensively described to the extent that the facts constituting the elements of a crime are distinguishable from the facts.

(2) As a matter of course, the substance of a medicine medicine crime should be considered in determining whether the substance of a medicine crime is specific, even if the substance of a medicine crime is presumed to have been presumed to have been specified on the basis of the result of the maternity appraisal, even though the Defendant denied the medication and the relevant evidence has not been secured, even if the substance of a medicine crime is presumed to have been specified on the basis of the timing of the crime, in a case where the substance of a medicine crime was stated in the facts charged by pointing out the timing of the crime, while the content of a medicine crime should be determined carefully.

First of all, the maternity appraisal to clarify the fact of medication can serve as an external factor such as the test condition, and the method of estimating the period of medication based on the result is premised on the fact that the growth rate of the frying is fixed, but in fact there is a big difference in the growth rate of the frying, but even if the same person is in accordance with the collection volume of the frying, health condition, etc., the growth period, the suspension period, and the early departure stage of the recovered fying.