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(영문) 인천지방법원 2016.08.25 2016고단4251
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person, without the approval of the Minister of Food and Drug Safety, did not cultivate plants used as raw materials for narcotics, or possess or own seeds and seedlings of raw materials containing their component, but the Defendant cultivated poppy expenses as follows, and possessed poppy leafs containing the component of narcotics:

1. Around June 14, 2016, the Defendant cultivated poppy expenses of 170 shares in a dry field owned by E-dong C and a dry field located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, by ppuri management, which is an plant used as a raw material for narcotics.

2. Around June 14, 2016, the Defendant was in possession of poppy by storing 435 g, such as poppy in front of the foppy cost, on the foppy set up in the dry field set up in the dry field owned by the said C, and on the fopter set up in the dry field owned by said C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure, investigation report (report on photographing seized articles), and reply to a request for each appraisal;

1. Application of a copy of enforcement photograph of Acts and subordinate statutes;

1. Article 61 (1) 2 and Article 3 subparagraph 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 61 and 61 (1) 2 and 3 of the Act on the Management of Narcotics, Etc.;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines for the crimes falling under Category 1 [the scope of the recommended sentence] and the scope of the final sentence due to the aggravated punishment for multiple crimes for which there are no basic areas of Category 2 (ma), including the medication and simple possession, etc. (mathma, d., e., e., e.) [the scope of the recommended sentence] / the scope of the recommended punishment / the scope of the two types (math, d., e., e., e., e.) in the basic areas of Category 2 (the scope of the recommendation sentence), including the medication and simple possession, etc. (8 months to one year and 6 months) (a person who is subject to special sentencing): August to February 2:

2. The fact that the quantity of return possessed by the person who has been sentenced to the sentence is not a large amount, the fact that there are past records of criminal punishment over six times is against the disadvantage, and that there is no past record of punishment for the same crime.

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