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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
Reasons
Among the grounds for appeal, each of the facts charged in the instant case’s charges is not specified to the extent that it can be distinguished from each other from the point of sale and purchase of each Metetetetetetetetetetetetetetetetetetetetetetetetete
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on the specification of the facts charged.
Judgment
The purport of the law requiring the specification of the facts charged is to facilitate the defendant's exercise of his/her right to defense. As such, it is sufficient that the facts constituting the facts charged are stated to the extent that it can be distinguished from other facts by integrating these elements, and even if the date, time, 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, and if the general indication is inevitable in light of the nature of the facts charged, and it does not interfere with the defendant's exercise of his/her right
(see, e.g., Supreme Court Decision 2010Do4671, Aug. 26, 2010). In cases where a person continues to possess the purchased psychotropic drugs without disposing of it, unless it is judged that the possession is in an indivisible relationship with the trading act, or that the possession is merely an inevitable result accompanying the trading act, and that it is merely an inevitable result, it shall be deemed that the possession of psychotropic drugs constitutes the crime of possessing psychotropic drugs separate from the crime of selling and buying psychotropic drugs.
(see, e.g., Supreme Court Decision 95Do869, Jul. 28, 1995). The Defendant purchased four gs from November 15, 2018 to December 23, 2018, each of four gs from 2018 to 30, respectively, as indicated in the list of crimes in the lower judgment, at an investigative agency, and held four gs from November 15, 2018 to December 20, and administered a total of 1.1g to 1.2gs as listed in the list of crimes in the attached Table 2.