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(영문) 수원지방법원 2016.06.03 2016노2081
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. The Defendant found the Defendant guilty on the ground of D’s statement without credibility, etc., although he did not sell a phiphone to D with respect to the sale of phiphones.

B. With respect to the administration of philophones, this part of the facts charged does not specify the time and place of the administration of philophones by the Defendant, and only the Defendant intentionally administered philophones by the detection of philophones from the Defendant’s urine.

shall not be deemed to exist.

2. Determination

A. The Defendant also asserted the same as the above grounds for appeal in the lower court’s determination as to the sale of philophones.

The court below rejected the above assertion by clearly explaining in detail the judgment on the "reason for the conviction" in Paragraph 1 of the part concerning the "reason for the conviction."

Examining the above judgment of the court below in comparison with the evidence records, the judgment of the court below is just, and there is an error of law by misunderstanding facts in the court below and affecting the conclusion

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. 1) First, we examine whether this part of the facts charged was specified.

The facts charged should be stated clearly by specifying the date, time, 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 lies in facilitating the exercise of the defendant’s right to defense. As such, the facts charged is sufficient to include the facts to the extent that the facts constituting the element of the crime can be identified by comprehensively considering these elements, and even if the date, time, place, method, etc. of the 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 if it is inevitable to indicate the facts charged in light of the nature of the crime charged, and it does not interfere with the defendant’s right to defense, the contents of

shall be deemed to be.

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