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(영문) 부산지방법원 2015.05.28 2014고단9752
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Of the facts charged in this case, “201.”

Reasons

Punishment of the crime

On February 10, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Busan District Court on February 10, 2012, and completed the execution of the sentence at the Busan Detention Center on May 3, 2012. On August 22, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (a deadly weapons, etc.) at the Busan District Court on August 21, 2014.

Criminal facts

Although the Defendant is not a narcotics handler, from May 11, 201 to May 15, 2014, the Defendant administered narcotics, etc. by means of infecting the body of the Defendant using a psychotropic injection device, or drinking water, etc., in a remote area not exceeding the Busan Jin-dong from May 11, 2014 to May 15, 2014.

Summary of Evidence

1. Records of seizure and the list of seizure;

1. Requests for appraisal;

1. Previous convictions indicated in judgment: Application of criminal records and investigation records and Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defense counsel on the assertion of the defendant and counsel under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. asserts that this part of the facts charged is not specified

The purpose of Article 254(4) of the Criminal Procedure Act, which requires the establishment of specific elements of the facts charged, is to facilitate the exercise of the right of defense by specifying the scope of defense of the accused. Thus, it is sufficient that the facts charged are stated to the extent that the specific elements of the crime are recognizable to the extent that the specific facts that meet the requirements for the composition of the crime can be identified, and the "date of the crime" as referred to in the above legal provisions, should be stated to the extent that it does not conflict with double prosecution or prescription, so the date of the

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