2. Determination

A. Article 254(4) of the Criminal Procedure Act provides that “The facts charged should be stated clearly by specifying the time, date, place, and method of a crime.” As such, the purport of the law requiring the specification of facts charged lies in identifying the object and scope of the court's trial and the scope of the public prosecution and guaranteeing the defendant's right of defense.

Therefore, it is sufficient that the facts constituting the crime charged are stated to the extent that the facts constituting the crime can be identified from other facts by taking account of these factors. Although the time, place, method, etc. of the crime are not specified in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, in light of the nature of the crime charged, and if it does not interfere with the defendant's exercise of his/her right to defense, the contents of the indictment are not specified.

(See Supreme Court Decision 2008Do4854 Decided July 24, 2008, etc.). Meanwhile, given that a crime of medication with narcotics is often conducted without witness in a remote space where the crime is committed and it is extremely difficult to secure relevant evidence, the characteristics of the relevant crime need to be fully considered in determining the specification of the facts charged. However, even though the defendant denied the fact of administration with a penphone and did not secure clear evidence thereof, where the defendant estimated the period of administration based on the result of the Madon appraisal, and entered the facts charged by pointing out the period of administration by pointing out the relevant facts charged, the contents of the prosecution are as follows.