(영문) 인천지방법원 2014.07.10 2014노1514 | 리걸엔진

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Reasons

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자간(%)

(영문) 인천지방법원 2014.07.10 2014노1514

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts charged in the instant case by misapprehending the legal principles are not specified in the date, time, place, and method of the crime, thereby infringing on the defendant’s right of defense, and thus the prosecution should

B. The Defendant did not administer philophones with his own philophones as stated in the facts charged in the instant case.

C. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) 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 demanding the specification of the facts charged is to facilitate the Defendant’s exercise of the Defendant’s right to defense. As such, the facts charged are 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 offense charged, and if the general indication is inevitable in light of the nature of the offense charged, and there

(2) According to the records, the Defendant’s “Defendant” is not a party to a contract, but a party to the contract is not a party to the contract, but a party to the contract is not a party to the contract, and is not a party to the contract, but a party to the contract is not a party to the contract, and is not a party to the contract, but a party to the contract is not a party to the contract, and is not a party to the contract. The party to the contract is not a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract. The party to the contract is a party to the contract.

참조조문

-형사소송법 제254조 제4항

참조판례

-대법원 2002. 10. 11. 선고 2002도2939 판결

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