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(영문) 수원지방법원 안양지원 2015.10.07 2015고단974

마약류관리에관한법률위반(향정)

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is guilty of facts charged from April 24, 2015 to that of the Defendant.

5. Around 24.24. At the Seoul, Gunpos, Mayang, Masan, and Situne, a large amount of merpopic clocks (hereinafter referred to as “propopic copic copic copic copic coppopic”).

2. Determination

A. The purport of Article 254(4) of the Criminal Procedure Act provides, “The facts charged shall be stated clearly by specifying the time, date, place, and method of a crime.” The purpose of Article 254(4) of the Criminal Procedure Act is to ensure the efficiency and prompt trial by limiting the object of the trial, and at the same time to facilitate the exercise of defense by specifying the scope of defense and facilitate the exercise of defense by the defendant. As such, the prosecutor must comprehensively consider the three specific elements, and enter specific facts that constitute the element of a crime so as to distinguish facts from other facts. The same applies to the statement on the facts charged of a violation of the Act on the Control of Narcotics, Etc.

(See Supreme Court Decision 2010Do9835 Decided October 14, 2010, etc.). On the other hand, since a crime of medication involving narcotics is often conducted without witness in a closed space and it is extremely difficult to secure relevant evidence, the characteristics of the relevant crime need to be fully considered in determining whether to specify the facts charged. However, even though the defendant denied the fact of administration of phiphones and did not secure clear evidence thereof, it should be carefully determined whether the contents of the prosecution are specified in the case where the facts charged are stated by pointing out the period of administration based on the result of the assessment of maternity, even though the defendant presumed the period of administration based on the result of the assessment of Madics and did not secure clear evidence thereof.

First of all, the maternity test to clarify the medication of narcotics can serve as an external factor such as the test condition, and the result will be based on the results.