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(영문) 대구지방법원 2014.05.30 2014고단1482
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is not a person handling narcotics.

From February 19, 2014 to February 25, 2014, the Defendant administered a large amount of scophophones in a non-scopic manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Police seizure records;

1. As a result of simplified drug examination, requests for appraisal; and

1. Report on estimation of the timing for medication of sopphones;

1. The defendant and the defense counsel regarding the subscriber's inquiry and each monetary statement, the defendant and the defense counsel's assertion, and this part of the facts charged are not specified, and the defendant asserts that there is no way to administer phiphones.

Article 254(4) of the Criminal Procedure Act provides that the facts charged may be specified by specifying the time, date, place, and method of a crime (Article 254(4)). The purport of the Act demanding the specification of the facts charged is to facilitate the 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 they can be identified from different facts by integrating these elements, and even if the date, time, place, method, etc. of a crime are not specified in the indictment, it does not go against the purport of the Act 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

(See Supreme Court Decision 2010Do4671 Decided August 26, 2010, etc.). According to the foregoing legal doctrine, according to the records, the public prosecutor’s records as to the instant case, based on the evidence at the time of prosecution, such as the date of gathering the Defendant’s urine from the reaction to the training of phiphonephones, the period from the period from the phiphone medication, and the location of the base station for the mobile phone used by the Defendant for the same period, the date and time of the crime is indicated within seven days as “a period from February 19, 2014 to February 25, 2014,” and the location is Daegu or Daegu.

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