A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Punishment of the crime

On April 12, 2017, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on April 12, 2017, and the judgment became final and conclusive on October 27, 2017.

The defendant is not a person handling narcotics.

From March 2018 to April 3, 2018, the Defendant administered a psychotropic drug camblopon (hereinafter “personal cambopon”) in an irregular manner between the police officers of the Republic of Korea and the police officers of the Republic of Korea.

Summary of Evidence

1. Legal statement of the witness B;

1. Protocol of each prosecutor's statement concerning B;

1. ACCUSIGN test, a confirmation and a narcotics appraisal report;

1. Digital siren employment center 2018-Support 05834 Doesa data;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (limited to the same type of electricity and the period of suspension of execution) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Judgment on the assertion by the Defendant and his defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. Summary of the assertion

A. The indictment procedure is invalid in violation of the provisions of the Act, as the instant facts charged are not specified.

B. The Defendant did not administer philophones during the period indicated in the facts charged, and there was a reaction of phiphones on April 3, 2018 due to the two philograms used around March 30, 2018 and around April 1, 2018.

2. Determination

A. The purport of Article 254(4) of the Criminal Procedure Act as to whether the facts charged are specified is that “The entry of facts charged shall specify the time, date, place, and method of the crime so that the facts can be specified” is to seek the efficiency and speed of the trial by limiting the object of the trial, and at the same time, ensure the exercise of defense by specifying the scope of defense.

As a prosecutor, a specific crime element is to enable identification of other facts.