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A defendant shall be punished by imprisonment for one year.
A penalty of KRW 100,000 shall be collected from a defendant.
Reasons
Punishment of the crime
From March 20, 2014 to around 13:40 of the same month, the Defendant administered a psychotropic drug, in or near the Defendant’s house located in Daegu Dasung apartment 302 dong 810, a psychotropic drug, in an influorous manner, in and around the Defendant’s house.
Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.
Summary of Evidence
1. Each prosecutor's protocol of examination of the accused;
1. A written request for appraisal, a written report and an appraisal;
1. Copies of the results of the drug reaction test;
1. Details of D currency;
1. Each investigation report (the counter investigation of employees of the Daegu Probation Office, analysis of cellular phone calls, and specific crime places, etc.);
1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);
1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and the Selection of Imprisonment with prison labor for the crime;
1. Judgment on the assertion by the defendant and his defense counsel under the proviso to Article 67 of the Act on the Control of Narcotics, etc. (based on market price of one-time medication)
1. The statement in the facts charged that the facts charged are not specified must clearly state the time, place, and method of a 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, it is sufficient that the facts charged are stated to the extent that the facts constituting the crime are distinguishable from other facts by taking account of these elements, and even if the date, 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, and it does not go against the purport of the law allowing the specification of the facts charged even if the time, place, method, etc. of the crime are not specified in the indictment. Thus,
Supreme Court Decision 201No. 26, 201