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(영문) 광주지방법원 순천지원 2015.05.08 2015고단31

마약류관리에관한법률위반(향정)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is not a narcotics handler.

The Defendant, from July 2014 to October 201 of the same year, administered once the psychotropic drugs by drinking water the Meteampiles (one-day, philopon) volume of psychotropic drugs in Espact clubs or pacttopy clubs located in Espact D in netcheon City from around 2014 to around 10.

2. Determination

A. Legal doctrine 1) Article 254(4) of the Criminal Procedure Act provides, “The entry of facts constituting the element of a crime shall be made to specify the facts by specifying the time, place, and method of a crime.” The purpose of the provision is to facilitate the efficiency and speed of trial by limiting the object of a trial and at the same time to facilitate the exercise of the defendant’s right to defense by specifying the scope of defense. As a prosecutor, the above three specific elements should be comprehensively taken into account in order to distinguish facts from other facts (see, e.g., Supreme Court Decisions 2005Do7465, Dec. 9, 2005; 201Do3801, Jun. 9, 2011). This also applies to a witness’s statement on the facts of violation of the Act on the Control of Narcotics, etc., where a person who is not a narcotics handler, etc., administered narcotics, etc., and thus, it is difficult to see that there are considerable evidence to acknowledge the relevant facts of a crime by stating the relevant facts of crime.