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(영문) 서울동부지방법원 2018.11.28 2018노876
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The facts charged by the misunderstanding of legal principles must be stated clearly by specifying the time, date, place, and method of a crime. The facts charged in the instant case are specified in accordance with the above requirements.

As such, public prosecution should be dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.

B. The Defendant, as to the facts charged in the instant case, did not have the volume that me administered the Mept amba, like the facts charged.

(c)

The punishment sentenced by the court below (one year and six months of imprisonment, additional collection of 100,00 won) is too unreasonable.

2. Determination

A. The Defendant is not a narcotics handler.

On September 23, 2016 to September 26, 2016, the Defendant administered the Megapopic dose of the Melapop (one philopon), which is a local mental medicine, in an irregular manner, at the insane area located in Seongdong-gu Seoul, Seongdong-gu.

B. Determination 1 on the argument of misunderstanding legal principles is that the facts should be specified by specifying the time, date, place, and method of a crime. The purport of the law requiring the specification of the facts charged is to facilitate the Defendant’s exercise of the Defendant’s right of defense. As such, the facts charged is sufficient if the facts constituting the element of the crime are stated to the extent that it is recognizable from other facts, and even if the date, place, method, etc. of the crime are not specified 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 it is inevitable to indicate the facts charged in general in light of the nature of the crime charged, and if it does not interfere with the Defendant’

In light of the evidence duly adopted and examined by the court below (see Supreme Court Decision 2007Do2694, Jun. 14, 2007) in this case where the defendant denies the defendant, the prosecutor shall make the date and time of recovery of the hair from the response to the training of phiphones against the defendant, the growth speed of the hair and phiphones.

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