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(영문) 청주지방법원 제천지원 2016.09.22 2016고정69
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, at around 17:00 on May 26, 2016, the Defendant cultivated 210 poppy expenses, which are plants used as raw materials for narcotics, without the approval of the Minister for Food and Drug Safety, in the Defendant’s dwelling located in the Chungcheongbuk-gun C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against some of the defendant;

1. Investigation reports (investigation into the scene and the details of seizure) and investigation reports (Attachment to photographs of destruction of seized articles);

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

1. The response to the request for appraisal (the defendant and his defense counsel knew on May 2015, 201 that the defendant had no drug ingredients, and knew on May 2015, 201 that she died of her horse and extracted it from sunrise, and then she extracted it thereafter. Since the seed has fallen between them (2016.), there was no criminal intent for the defendant to cultivate quantity with drug ingredients.

The argument is asserted.

However, in light of the statements of Do, the police officer before sunrise and after sunrise, the area and quantity of sprinking self-sponsing self-sponsing self-sponsing self-sponsing self-sponsing self-sponsing self-sponsing self-sponsing self-sponsing in addition to sprinking self-sponsing self-sponsing, and the statement of the defendant without consistency, etc., it

Defendant

And his defense counsel's above assertion is rejected.

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

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