logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.09.25 2014도9369
모욕등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The facts charged shall be stated clearly by specifying the time, date, place, and method of the crime.

(Article 254(4) of the Criminal Procedure Act. The purport of the law requiring the specification of the facts charged lies in facilitating the exercise of the defendant’s right to defense. As such, the facts charged are sufficient to state the facts constituting the elements of a crime to the extent that they can be identified from other facts by taking account

Even if the date, place, method, etc. of a crime is not specified in the written indictment, if it is inevitable to indicate the facts charged in light of the nature of the crime charged, and if it does not interfere with the defendant's exercise of his/her right to defense against it, the contents of the indictment cannot be deemed to have been specified.

(2) In light of the above legal principles and records, the court below's decision on the merits is justified on the premise that "the defendant was not a person handling narcotics, etc." was specified in the facts charged in this case from July 24, 2013 to August 11, 2013, the part of the facts charged in this case that "the defendant was administered once by means of medication for psychotropic drugs, etc." was specified during the period from July 24, 2013 to August 201, 2013, the court below did not err by misapprehending the legal principles as to the specific facts charged, as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court found the Defendant guilty of violating the Narcotics Control Act between July 24, 2013 and August 11, 2013 among the facts charged in the instant case on the grounds stated in its reasoning.

arrow