Text
The prosecution of this case is dismissed.
Reasons
1. The Defendant is not a narcotics handler.
The Defendant, from July 2014 to October 201 of the same year, administered once the psychotropic drugs by drinking water the Meteampiles (one-day, philopon) volume of psychotropic drugs in Espact clubs or pacttopy clubs located in Espact D in netcheon City from around 2014 to around 10.
2. Determination
A. Legal doctrine 1) Article 254(4) of the Criminal Procedure Act provides, “The entry of facts constituting the element of a crime shall be made to specify the facts by specifying the time, place, and method of a crime.” The purpose of the provision is to facilitate the efficiency and speed of trial by limiting the object of a trial and at the same time to facilitate the exercise of the defendant’s right to defense by specifying the scope of defense. As a prosecutor, the above three specific elements should be comprehensively taken into account in order to distinguish facts from other facts (see, e.g., Supreme Court Decisions 2005Do7465, Dec. 9, 2005; 201Do3801, Jun. 9, 2011). This also applies to a witness’s statement on the facts of violation of the Act on the Control of Narcotics, etc., where a person who is not a narcotics handler, etc., administered narcotics, etc., and thus, it is difficult to see that there are considerable evidence to acknowledge the relevant facts of a crime by stating the relevant facts of crime.