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(영문) 대구지방법원 상주지원 2014.01.14 2013고정124
마약류관리에관한법률위반(마약)
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one may cultivate plants used as raw material for narcotics without approval from the Minister of Food and Drug Safety, but the defendant cultivated 1,313 poppys, which are plants used as raw material for narcotics, at the end of his house and in front of his house garden, at the time of stay from May 30, 2013 to May 13:30, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police seizure record and the list of seizure;

1. A written appraisal;

1. Each photograph [the mere fact that the fee is left for the ornamental purpose without removing the fee cannot be deemed an act of cultivating plants used as raw materials for narcotics under Article 61 (1) 1 of the Narcotics Control Act (see, e.g., Supreme Court Decision 2004Do8838, Feb. 18, 2005), the place where the cultivation of this case, which was revealed in evidence (the defendant is a flower and garden, and a garden is installed up to a proppers) and the current state and form of planting (influorous and fixed intervals), the quantity of this case reaches 1,313 weeks, and the fact that the defendant's work experience and form (influorous and fixed intervals, it is recognized that the defendant's work experience and appearance of the 1313 weeks may cause damage to other crops or plants, but it is recognized that the cost of returning in 1313 weeks and the vegetable garden should have a considerable period of time) are contrary to the law that the defendant had stated that the defendant's work had not returned to the quantity.

1. Relevant Article 61 (1) 2 and Article 3 (1) 2 of the Act on the Control of Narcotics, Etc. and Selection of Fines for the Crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confiscated narcotics;

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