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(영문) 창원지방법원 2014.11.21 2014고단2654
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 26, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on July 26, 2013, and on April 2, 2014, the same criminal records are more than eight times in addition to the completion of the execution of the sentence by the North Korean Prison.

Even if the Defendant is not a person handling narcotics, the same year from September 13, 2014.

9. Around 22. Around the same day, the psychotropic drugs-related psychotropic drugs-related Metepopic dose (one copon) was administered by injection or drinking.

Summary of Evidence

1. The list of evidence submitted by the prosecutor Nos. 1, 2, 4, 5, 7, 13, and 14;

1. Previous convictions: The defendant asserts that the above list of evidence Nos. 8, 11, and 12 [the defendant denies the facts charged in this case, but the facts charged in this case is sufficiently recognized according to the above evidence] of the defendant's assertion of dismissing public prosecution is not specified.

The facts charged must be stated clearly by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged is sufficient if the facts constituting the crime are stated to the extent that they can be identified from different facts by integrating these elements, and even if the date, time, place, method, etc. of a crime are not specified in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, and if the general indication is inevitable in light of the nature of the facts charged, and it does not interfere with the defendant’s exercise of his/her right to defense,

(see, e.g., Supreme Court Decision 2010Do4671, Aug. 26, 2010). According to the record of the instant case, the prosecutor shall provide the date and time of gathering the philophones from the reaction of philophones, the period during which philophones are administered, and the period during which philo

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