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(영문) 광주지방법원 장흥지원 2018.02.22 2017고단230
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From April 14, 2017 to around the 20th day of the same month, the Defendant administered the megatocule (one philopon) in an irregular manner, at the Yan-si, Chungcheongnam-si, Gangwon-si, Gangwon-si, Gyeonggi-si, Gyeonggi-do, and Gyeonggi-do, even if the Defendant is not a narcotics handler.

Defendant

As to the assertion of defense counsel, the defendant and defense counsel stated the facts charged of this case

It can not be seen, and ② the Defendant asserts that he did not have administered a Mept camin as stated in the facts charged.

First of all, as to the argument ① by the Defendant, the facts charged should be specified 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 exercise of the Defendant’s right to defense. As such, the facts charged are sufficient to include the facts constituting the elements in question to the extent that it is recognizable from other facts, 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 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 the Defendant’s exercise of his right to defense, the contents of the indictment are not specified.

In light of the evidence duly admitted and examined by the court, the prosecutor shall use the date and time of recovery of the Meptian's training reaction, the period from the administration of the Meptians, the period from the administration of the Meptians, the defendant's statement about the place where the defendant resides or visits until the date of recovery of the Meptians, and the telephone details, etc.

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