beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) of the facts charged in the instant case is unlawful in the procedure of prosecution since the time, place, and method of medication of the Mesatopy (hereinafter “Mestophone”) are not entirely specified. The police officer who was in charge of the instant case sealed the meine and the meine in the place where the Defendant was submitted with the hair and urine from the Defendant without the warrant. The results of appraisal by the National Institute of Scientific Investigation, which was requested for appraisal without complying with the due process, are inadmissible.
Nevertheless, the court below found the defendant guilty of violating the Act on the Management of Narcotics, Etc. in this case.
2. Determination
A. (1) The judgment of the court below on an unspecified assertion in the facts charged should be made by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the Criminal Procedure Act requiring the specification of the facts charged is to guarantee the defendant’s right of defense. As such, insofar as the facts charged are stated to the extent that it is recognizable from other facts, it does not go against the purport of the Criminal Procedure Act allowing the specification of the facts charged even if the time, place, method, etc. of a crime is not clearly stated, even if the facts charged are stated to the
B. It is not specified that the content of the public prosecution was not specified if it is inevitable to indicate generality in light of the nature of the crime, and it does not interfere with the defendant's exercise of his right to defense.
Nor can it be said (see, e.g., Supreme Court Decision 2010Do10119, Sept. 30, 2010). The prosecutor prosecuted the Defendant’s date and time of medication by stating the place of medication “from September 17, 2016 to September 26, 2016,” on the grounds of the date and time of gathering the urine from which the training reaction of phiphones took place, materials on the period of discharge from urines after the administration of phiphones, etc.