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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the facts charged in the instant case, since the date and place of the crime are not specified specifically, the indictment of this case is unlawful.
B. The judgment of the court below which found the defendant guilty on the ground that the defendant did not have access to D, and that the report of the appraisal by the National Scientific Investigation Institute which the court below was the main evidence of conviction was the appraisal of the panty collected by C without permission, in violation of Articles 16 and 46 of the Bioethics and Safety Act, and the judgment of the court below which found the defendant guilty
C. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. As the facts charged are required 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, it is desirable to clearly specify the facts that are possible, such as the date, time, place, and method of the crime. However, as long as it is necessary, it may cause interference with the institution and maintenance of the public prosecution, it is sufficient to specify the time and place of the crime to the extent that it does not conflict with the time and time of double prosecution or prescription, and to state the elements of the crime to the extent that the territorial jurisdiction can be measured, and in the method, it is sufficient to specify the elements of the crime to the extent that it
I would like to say.
(See Supreme Court Decision 2002Do4854 Decided December 10, 2002). However, the date and time of the instant facts charged is “the period from January 22, 2012 to around January 24, 2012,” and the place of the instant crime is somewhat unclear, i.e., “the place adjacent to Daegu”. However, the simple communication between the parties is performed under a confidential or unrecognent condition, and thus, the date and place of the crime are specific.