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(영문) 대구지방법원 안동지원 2015.11.17 2015고단472
마약류관리에관한법률위반(마약)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. No person prosecuteds shall cultivate plants used as raw materials for narcotics without obtaining approval therefor from the Commissioner of the Korea Food and Drug Administration;

Nevertheless, on June 19, 2015, the Defendant cultivated 218 poppy expenses, which are plants used as raw materials for narcotics, at the Defendant's house located in the Yancheon-gun B, Chungcheongnam-do, 2015 without the approval of the Commissioner of the Korea Food and Drug Administration.

2. The Defendant consistently asserts that, from the time when first crackdownd to the court, “it was cultivated for the ornamental purpose with the knowledge of the crypt ingots, and the reduction of the syeast with the drug ingredients was unaware.”

In addition, there is no evidence to deem that the defendant cultivated the quantity of the instant case, recognizing that he was the raw material of narcotics even all evidence submitted by the prosecutor.

Rather, the Defendant has cultivated the spawn in a public way on his own flowers that anyone can see, even if having raised the spawn photo of spawn spawn cultivated on his account (the Defendant’s reference materials on September 22, 2015) and the spawn spawn spawn spawn spawn spawn spawn spawn spawn swn swn swn swn swn swn swn swn swn

Thus, in order to recognize the criminal intent of the defendant in this case, the defendant continued to grow even though he notified in advance that he would be subject to punishment.

There should be additional circumstances such as the defendant's attempt to use the heat as a raw material for narcotics, but there is no such circumstance.

Therefore, it is so decided as per Disposition by the decision that the defendant should be acquitted under the latter part of Article 325 of the Criminal Procedure Act and the summary of the decision of the defendant under Article 58 (2) of the Criminal Act.

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