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(영문) 서울중앙지방법원 2019.01.17 2018노2845

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The application of the law to ex post concurrent crimes, disqualifications, etc. is different depending on whether the date of the instant crime was prior to or after October 28, 2016.

Therefore, the lower court erred by misapprehending the legal doctrine, even though it cannot be deemed that the date and time of the crime were to be from October 22, 2016 to November 21, 2016, and thus, it cannot be deemed that the facts charged were specified, thereby dismissing the prosecution.

There is no fact that the defendant smokes marijuana at all.

The results of the urine appraisal alone cannot be sufficient evidence for smoking, and it is difficult to believe that the results of the maternity appraisal are difficult.

The punishment (one year of imprisonment) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

The facts charged as to the assertion of misapprehension of legal principles must be stated clearly by specifying the date and time, place, and method of a crime. As such, 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 is sufficient to state the facts constituting the elements of a crime to the extent recognizable from other facts by comprehensively taking account of these elements, and even if the date, time, place, method, etc. of a crime are not explicitly stated in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, and if the general indication is inevitable in light of the nature of the facts charged, and the contents of the indictment are not specified unless

(See Supreme Court Decision 2010Do4671 Decided August 26, 2010, etc.) According to the evidence duly admitted by the lower court, the prosecutor, according to the evidence, resided or visits in the process of collecting the urine and the hair from which the hemp training reaction occurred (in the urine, November 21, 2016; in the urine, March 6, 2017).