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(영문) 의정부지방법원 2014.07.07 2014고단861

마약류관리에관한법률위반(대마)

Text

The prosecution of this case is dismissed.

Reasons

1. From November 10 to January 9, 2014, the Defendant smoked marijuana in a place where it is difficult to find out from the day of Dongbcheon-si, Gyeonggi-do (hereinafter referred to as the “Yancheon-si”), with a fire attached to approximately 0.5g of marijuana, in a manner where it is difficult for the Defendant to smoke.

2. The purport of Article 254(4) of the Criminal Procedure Act stipulating that “The statement of facts charged shall be made to specify the date, time, place, and method of a crime and specify the facts.” The purpose of Article 254(4) of the same Act is to ensure the efficiency and prompt trial by limiting the object of the trial, while at the same time, to facilitate the exercise of the defendant’s right to defense by specifying the scope of defense, and to facilitate the exercise of the defendant’s right to defense by specifying the scope of defense. As such, the prosecutor, who is a public prosecutor, shall comprehensively consider the above three specific elements, shall enter specific facts that constitute the element of a crime so that they can be identified from other facts (see, e.g., Supreme Court Decision 2006Do7342, Jan. 25, 2

In light of the above legal principles, the prosecutor indicted this part of this case for the period from November 10, 2013 to January 9, 2014, taking into account the following factors: (a) as a result of the appraisal by SP-DUG- QA-07 appraisal of the Defendant’s hair (hereinafter referred to as “math”) taken on January 9, 2014; and (b) as a result of the appraisal by SPO-DU-G- QA-07 appraisal of the Defendant’s hair taken on January 9.

However, this part of the facts charged is not only from November 10, 2013 to January 9, 2014, when the date and time of the crime was committed based on the result of the defendant's maternity appraisal against the defendant, but also from November 10 to January 9, 2014, during the same period. In this case, the defendant is entirely smoking over the entire period.