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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the defendant guilty of violating the Wastes Control Act among the facts charged in the instant case, and judged the violation of the Act on the Control of Narcotics, Etc. (e.g., dismissal of prosecution. However, the prosecutor only appealed the part of the dismissal of prosecution and found the guilty part thereof in the court below. Thus, the scope of the court below's judgment shall be limited
(See Supreme Court en banc Decision 91Do1402 delivered on January 21, 1992). 2. Summary of the grounds for appeal (Dismissal of Public Prosecution)
A. The prosecutor set the date and time of the crime in a short period of three months based on the result of the Defendant’s maternity test, based on the fact that the training reaction of the Mesatopin composition was generated, and the place of the crime also specified as much as possible. As such, this part of the facts charged
I would like to say.
B. Even if the prosecutor outlines the date, time, place, method, etc. of the crime under this part of the facts charged, it cannot be said that not only inevitable due to the characteristics of the narcotics medication crime, but also caused an obstacle to the defense of the defendant.
C. Therefore, the judgment of the court below which dismissed the prosecution on the ground that this part of the facts charged was not specified, is erroneous in the misapprehension of legal principles, which affected the
3. We examine the judgment of the court of the first instance, and examine closely the circumstances that the court below held in the "part of rejection of prosecution" as to this part of the facts charged, we affirm the judgment of the court below which dismissed the prosecution, and it does not seem to have errors in the misapprehension of legal principles as alleged by the prosecutor, which affected the conclusion of the judgment.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.