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(영문) 청주지방법원 제천지원 2017.03.16 2017고정2

마약류관리에관한법률위반(마약)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall cultivate plants used as raw materials for narcotics without approval from the Minister of Food and Drug Safety, or possess or possess raw materials, seeds, or seedlings containing their component.

Nevertheless, on May 31, 2016, the defendant cultivated the 762 Posium, which is the raw material for narcotics, in the defendant's residential garden in Ycheon-si, without the approval of the Minister of Food and Drug Safety.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation (such as arrest, etc.), a report on investigation (on-site examination), and a report on investigation (grounds for sending a prosecuted opinion);

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. The photograph description (the defendant and his defense counsel) is that the defendant had no intention to cultivate the quantity of return to the defendant, not that of cultivating the quantity of return to the defendant, since the defendant's vegetable vegetable vegetable vegetable vegetable vegetable

The argument is asserted.

However, the following circumstances that can be seen by the above evidence, namely, the place of spawn spawn spawn is a place where the defendant cultivated and managed crops, such as spawn, spawn, etc., at the center of the above spawn spawn spawn spawn spawn, which was located in the center of the above spawn spawn spawn spawn swn, and that

Comprehensively taking account of the fact that the quantity of the return fee is considerably high, it can be sufficiently recognized that the defendant had an intention to cultivate the return fee and that the defendant had an intention to cultivate the return fee).

Application of Statutes

1. Article 61 (1) 2 and subparagraph 2 of Article 3 of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense (opportune selection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;