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The defendant shall be innocent.
Reasons
1. On July 28, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul East Eastern District Court on July 28, 201, and completed the execution of the sentence in the 3rd North Korean Prison on November 24, 2012, and was not a person handling narcotics.
1. On April 2013, the Defendant administered a psychotropic drug in a non-disceptic form, which was a psychotropic drug, once the Mepta (one clopon; hereinafter referred to as “philopon”).
2. In June 2013, the Defendant administered one-time medication of philophones in a scopic manner at a scopon site below Incheon, and in a scopon.
2. Determination
A. The Defendant and his defense counsel’s arguments were not specified in the facts charged, and the Defendant asserts that there was no fact of administering phiphones as stated in the facts charged.
B. The purport of Article 254(4) of the Criminal Procedure Act, which states, “The facts charged shall be stated clearly by specifying the time, date, place, and method of a crime,” is to ensure the efficiency and speed of the trial by limiting the object of the trial, and at the same time to facilitate the exercise of the defendant’s right to defense by specifying the scope of defense. As such, the prosecutor, as a prosecutor, must comprehensively state the specific facts that constitute the elements of the crime, so that it can be distinguishable from other facts.
This is also the same in the case of the description of the facts charged in the violation of the Act on the Control of Narcotics, etc., which includes the administration of narcotics.
The facts charged in the instant case are determined to be specified in the facts charged, on the basis of the results from the clopon training reaction from the copon test, the statement of informants, and the Defendant’s telephone details inquiry, the date and time shall not exceed 10 days, the Incheon where the Defendant is located, and the frequency of medication once.
C. Determination of whether a crime is committed (1).