마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles and the conclusion of the judgment below which dismissed the public prosecutor's prosecution, based on different judgments, even though the date, time, place, and method of medication of the facts charged in this case cannot be specified in light of the characteristics of the drug crime committed closely, based on the results of the maternity appraisal, the outcome of the climatic appraisal, and the background of the defendant's living.
2. Determination
A. The purport of Article 254(4) of the Criminal Procedure Act stipulating the date, time, place, and method of a crime is to limit the scope of the trial against the court and facilitate the exercise of the defense right by specifying the scope of the defense against the defendant. Thus, in light of the nature of the crime against which a public prosecution was instituted, a general indication on the date, place, etc. of the crime is inevitable.
However, the prosecutor must specify it as far as possible based on the evidence at the time of prosecution, and in a case where the failure to do so substantially impedes the exercise of the defendant's right to defense, it cannot be said that the indictment containing the specific facts of crime under Article 254 (4) of the Criminal Procedure Act
However, in a case where the defendant submitted as evidence an appraisal that the Mesacinocin component was detected in the defendant's hair, due to the nature of the crime related to psychotropic drugs (see, e.g., Supreme Court Decisions 2000Do3082, Oct. 27, 2000; 2000Do21119, Nov. 24, 200), and where the defendant denies the fact of the Mesacination, the prosecutor subdivided the timing of the mescination by classifying the mes according to the growth period, based on the results of the Mascin appraisal conducted by the prosecutor, or based on the result of the Mascin appraisal conducted by the defendant, or based on other evidence such as the defendant's behavior, and the time of the meac