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(영문) 인천지방법원 2018.11.09 2018고단5094
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

From March 10, 2018 to March 19, 2018, the Defendant administered the Megapopic volume of the Melapop (one philopon; hereinafter referred to as “philopon”) in a non-fluoric form in the Gu of Michuhol-gu, Incheon.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

[The facts charged regarding the determination of the public prosecution room 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 requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged is sufficient if the facts constituting the element are stated to the extent that it is recognizable from other facts by comprehensively taking account of these elements, and it does not go against the purport of the law allowing the specification of facts charged even if the time, place, method, etc. of a crime are not clearly stated in the indictment, and it does not go against the purport of the law allowing the specification of the facts charged, in light of the nature of the facts charged, and if it is inevitable to indicate the facts charged, and it does not interfere with

Nor can it be viewed (see, e.g., Supreme Court Decision 2010Do4671, Aug. 26, 2010). According to the record, the prosecutor entered the date and time of the crime as “space between March 10, 2018 and March 19, 2018,” but the place of Incheon Mondo is indicated as “Seoul Southern-gu,” but the administrative district indication was changed to “Seoul Mondo,” by reflecting the fact that it was changed to the administrative district indication as “Seoul Mondo.”

To the extent possible, specified facts, on the one hand, indicating it as one member.

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