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(영문) 창원지방법원 마산지원 2020.01.08 2019고단869
마약류관리에관한법률위반(향정)
Text

The prosecution of this case is dismissed.

Reasons

1. On June 22, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. ( native) at the Daegu District Court on the grounds of the violation of the Act on the Control of Narcotics, Etc. (hereinafter “Act”), and on May 9, 2019, the Defendant completed the execution of the sentence at the third prison of the North Korean defectors.

【Criminal Facts】

From May 9, 2019 to June 00:47, 2019, the Defendant administered a mert ambacopon (one name philopon; hereinafter referred to as “philopon”) in an irregular way between the Defendant and the Defendant’s administered the ambacopon (one name philopon; hereinafter referred to as “philopon”).

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

2. The purport of Article 254(4) of the Criminal Procedure Act stipulating that “The facts charged shall be stated clearly by specifying the time, date, place, and method of a crime.” The purpose of Article 254(4) of the same Act is to ensure the efficiency and prompt trial by limiting the object of the trial, and at the same time to facilitate the exercise of defense by specifying the scope of defense and facilitate the exercise of defense by the defendant. As such, the prosecutor must consider the three specific elements, and describe specific facts that constitute the elements of a crime so as to distinguish facts from other facts. The same applies to the description on the facts charged of a violation of the Act on the Control of Narcotics, etc

(3) Article 254 of the Criminal Procedure Act provides that “The term “the term “the term “the term “the term “the term “the term” means the term “the term “the term” means the term “the term “the term” provided in the term “the term” provided in the term “the term “the term” provided in the term “the term “the term “the term” provided in the term “the term, “the term,” and “the term, “the term,” provided in the term, “the term, “the term,” provided in the term, “the term, “the term,” and “the term,” provided in the term,

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