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(영문) 춘천지방법원 원주지원 2018.02.07 2017고합93
마약류관리에관한법률위반(마약)
Text

The sentence of each sentence against the Defendants shall be suspended.

Seized evidence Nos. 1 and 2 shall be confiscated from Defendant B.

Reasons

Punishment of the crime

Defendants are not narcotics handlers.

1. On November 2016, Defendant A provided, without compensation, the seeds of poppy containing narcotics equivalent to the composition of drugs corresponding to the quantity of spawn’s quantity to B in the dwelling area located in D, Changju-si, 2016.

2. Defendant B

A. The Defendant received and received seeds from A without compensation, at the date and time as stated in paragraph 1, and at the place specified in paragraph 1, the seeds corresponding to the quantity of bovine maws, which A had kept in custody, containing the component of narcotics.

B. From March 2017 to June 16:27, 2017, the Defendant cultivated 178 poppy, which is an plant used as a raw material for narcotics, at the bar of the Defendant located in the Republic of Korea, within the Defendant’s dwelling place located in the Republic of Korea, and on the roads, from early March 2017 to early June 21, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Response to a request for appraisal;

1. On-site and photographs of seized articles;

1. Application of each existing statute referred to in subparagraphs 1 and 2 of this paragraph;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 59(1)2 and 3 subparag. 2 of the Narcotics Control Act;

(b) Defendant B: Articles 59(1)2 and 3 subparag. 2 (a) of the Narcotics Control Act; Article 61(1)2 and Article 3 subparag. 2 of the Narcotics Control Act (a person who receives seeds of no-return); Article 61(1)2 and Article 3 subparag. 2 of the Narcotics Control Act (a person who cultivates expenses for no-return; a person who is punished by imprisonment);

1. Aggravated concurrent crimes: The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is added up by the maximum term of the punishment)];

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Articles 53 and 55 (1) 3 of the same Act)

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (The following circumstances are repeated as the reasons for sentencing):

1. The type to be suspended;

(a) Defendant A: Imprisonment for 6 months;

B. Defendant B: Imprisonment for 8 months;

1. Confiscation Defendant B: The prosecutor of the main sentence of Article 67 of the Narcotics Control Act shall be the defense that was confiscated against the Defendant B.

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