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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In so doing, each of the facts charged in this case constitutes a case where the indictment procedure is null and void in violation of the provisions of law, since the entry therein is not specifically specified
B. The Defendant did not have administered a Meptopon (tentatively referred to as “copon”, hereinafter referred to as “coponon”), such as written facts in each of the instant charges.
C. The lower court’s sentencing (one year and six months of imprisonment and two hundred thousand won of collection) is too unreasonable.
2. Determination
A. The facts charged as to the assertion of misapprehension of legal principles 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 it is recognizable from other facts by comprehensively taking account of these elements, and even if the date, place, method, etc. of a crime are not specifically stated in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, in light of the nature of the crime charged, and if the general indication is inevitable in light of the nature of the crime charged, and it does not interfere
(2) According to the records of the instant case, the public prosecutor indicated the date and time of the crime in accordance with the evidence at the time of the prosecution, including the date and time of gathering the phiphone training reaction, the Defendant’s statement about the place where the Defendant was arrested until the time of arrest, and the Defendant’s cell phone communication details, etc., within the period of one week from April 11, 2013 to April 23:40 of the same month, and indicated the place as “spaces from April 11, 2013 to April 23:40 of the same month,” and indicated the place within the period of one week.