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(영문) 대전지방법원 홍성지원 2013.09.03 2013고단608
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall cultivate plants used as raw materials for narcotics without obtaining approval therefor from the Commissioner of the Korea Food and Drug Administration, or possess, possess, or manage raw materials, seeds, or seedlings containing their component.

Nevertheless, at around 09:20 on June 11, 2013, the Defendant cultivated approximately KRW 1,120 of the raw materials for narcotics in the Defendant’s garden B located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, without the approval of the Commissioner of the Korea Food and Drug Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation and reports on requests for appraisal;

1. Application of Acts and subordinate statutes to photographs of poppy;

1. Article 61 (1) 2 and subparagraph 2 of Article 3 of the Act on the Options of and Management of Narcotics, etc. under Relevant Acts concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The sentencing reasons of the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc., in light of the fact that the defendant cultivated the quantity of quantity used as a raw material for narcotics of a considerable quantity, the nature of the crime is not less severe, but there is no record of punishment for the same criminal record, and there is no data that the defendant sold it in excess of the cultivation of quantity of quantity and provided it as a raw material for narcotics, and the execution of the punishment is to be suspended only once.

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