[마약법위반][집20(1)형,057]
(a) The case holding that, in order for the principal of a national school to keep the raw spawn expenses for fireworks the curriculum of which is composed of curriculum subjects according to the instructions of the Do Education Committee, the act of planting seeds at the top of the teaching room in front of the teaching room constitutes an error in Acts;
(b)It is natural in light of the empirical rule to deem that a person who has knowledge and experience in seeds of plants by managing vegetables and seedlings for not less than 10 years has been easily aware of the fact that the seeds of plants contain narcotic ingredients, unless there are special circumstances;
If the principal of the national school finds the seeds of poppy in front of the teaching room in order to keep the spawn spawn which is a curriculum subject in accordance with the instruction of the Do Education Committee, it is a mistake that it does not constitute a crime, and there is a justifiable reason for the misunderstanding.
Article 16 of the Criminal Act
Defendant 1 and two others
Prosecutor
Busan District Court Decision 71No690 delivered on December 1, 1971
Of the original judgment, the part of the judgment against the defendant Kim Young-gu and Dong library is reversed, and the part of the case is remanded to the Daegu High Court.
The Prosecutor's appeal against the Defendant's fixed pay is dismissed.
The judgment of the court of first instance on the grounds of appeal against Defendant 1 by the prosecutor is justified in the judgment of the court of first instance which decided that Defendant 1 was not guilty on the ground that the defendant 1 purchased 10 won of poppy (one day name, fireworks foppy) seed, which is the raw material of narcotics, in the seeds and seedlings located in Nam-gu Busan Metropolitan City without approval of the Minister of Health and Welfare, and cultivated 25 parts of poppy in the above school correction team. However, since the act does not violate social norms within the place of business by evidence and it does not violate the duty of evidence, the defendant 1 was not guilty on the ground that the defendant 1 was not guilty on the ground that the defendant 1's act of purchasing 194 kinds of teaching material, including raw material and raw material, in the second half-gu Busan Metropolitan City, and that the defendant 1's act of purchasing 194 kinds of raw material, including raw material, and that it did not affect the conclusion of the judgment of the court of first instance on the ground that it did not affect the defendant 1's popium.
Judgment on the Prosecutor’s Grounds of Appeal against Defendant 2 and Defendant 3
Defendant 2 and Defendant 3 stated that Defendant 2 and Defendant 3 were aware of the fact that they were engaged in seeds and seedlings at their respective residential places and possessed each raw material for narcotics without the approval of the Minister of Health and Social Affairs (excluding the statement made by Defendant 2 at the prosecutor's office) and that they were aware of the raw material for narcotics at the first instance court (excluding the statement made by Defendant 2 at the prosecutor's office) not later than the first instance court, and that the seeds and seedlings were regularly imported in accordance with the answer to questions regarding the seeds of the poppy under the name of the Minister of Health and Social Affairs, which were sent in the record, and that there was no other statement from the prosecutor's office about the fact that the seeds and seedlings were sold in public, and that there were no other statements from the prosecutor's office about the fact that the seeds and seedlings were sold in public, and that there were no other statements from the prosecutor's office's first instance court's new seeds and seedlings containing the new seeds and seedlings issued at the time of sale of the seeds and seedlings at the time of the first instance trial.
However, a subjective element of crime does not require strict certification (see Supreme Court Decision 1969.3.25, 69Do99). According to the records, Defendant 2 was a person who reached the age of 49 years at the time of this case's crime and who was engaged in seeds and seedlings for about 20 years after he retired from the middle school, and was engaged in seeds and seedlings for about 40 years at the time of 1947. Defendant 3 was a person who reached the age of 41 years at the time of this case's crime and was unable to know that he had been engaged in seeds and seedlings for the same reasons as that of the above 196th anniversary of the fact that he had been aware of the fact that he had been aware of the fact that he had imported seeds and seedlings for about 3 years since he had been working as a clerk office, and that he was unable to know that he had been engaged in seeds and seedlings for the same reasons as that of the above 196-year old seeds and seedlings for which he had no knowledge of these facts.
Therefore, the public prosecutor's appeal against the defendant Kim Jong-chul and Dong Seo-dong film is with merit, and the part of the case against the above defendants among the original judgment is remanded to the Daegu High Court. The public prosecutor's appeal against the defendant Jeong-chul is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judge Yang Byung-ho (Presiding Judge)