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(영문) 인천지방법원 2019.02.01 2018고단5918
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered the psychotropic drugs in an irregular manner (i.e., a single philopon; hereinafter “philopon”) in the area of Michuhol-gu Incheon Metropolitan City’s drawing, etc. from July 29, 2018 to August 7, 2018.

[Attachment to the facts charged, the facts charged should be stated clearly by specifying the time, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the Act requiring the specification of the facts charged is to facilitate the Defendant’s exercise of the Defendant’s right to defense. As such, it is sufficient that the facts charged are stated to the extent that the facts constituting the crime are distinguishable from other facts by comprehensively taking account of these elements, and even if the date, time, place, method, etc. of a crime are not indicated in the indictment, it does not go against the purport of the Act allowing the Defendant to specify the facts charged. In light of the nature of the facts charged, if it is inevitable to indicate the general fact in light of the nature of the crime charged, and it does not interfere with the Defendant’s exercise of the Defendant’s right to defense, it cannot be deemed that the contents of the indictment were not specified (see, e.g., Supreme Court Decision 2010Do4671, Aug. 26, 2010).

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