마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
The costs of lawsuit by the court below shall be borne by the defendant.
1. Summary of grounds for appeal;
A. In relation to the receipt and administration of philophones on March 27, 2018, the Defendant did not have any fact that the Defendant provided a philophones to C at the date and place indicated in this part of the facts charged and provided a philophones to C. 2) from June 24, 2018 to the same year.
7.3.With respect to the administration of philophones, this part of the facts charged does not specify the date, time, place, method, etc. of the crime.
On the other hand, the Defendant did not have administered philophones at the date and place stated in this part of the facts charged.
(b) The sentencing division (the original court: Imprisonment with prison labor for one year and six months, and the additional collection of 200,000 won);
2. Determination
A. 1) On March 27, 2018, the Defendant asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged, on the grounds as stated in its reasoning. According to the evidence duly adopted and investigated by the lower court, the facts identical to the time of the original judgment may be recognized, and there is no illegality of misunderstanding of facts that affected the conclusion of the judgment. Accordingly, this part of the Defendant’s assertion is without merit. < Amended by Act No. 1514, Jun. 24, 2018>
7.3. Determination as to the assertion on the administration of phiphonephones between around March 1, 201) The facts charged should be stated in the indictment by specifying the time, date, place, method, etc. of the crime (Article 254(4) of the Criminal Procedure Act, and the purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged are sufficient if the facts constituting the crime are stated to the extent that it is recognizable from other facts, and even if the date, place, method, etc. of the crime are not specifically stated in the indictment, the facts charged is charged.