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(영문) 전주지방법원 2018.10.10 2018고정390
마약류관리에관한법률위반(마약)
Text

The defendant shall be innocent.

Reasons

1. From spring in 2018 to June 2, 19:50, the Defendant cultivated 313 poppy, which is an plant used as a raw material for narcotics, by planting the spawn flowers to the Taejin-gu B and the vegetable garden in Jeonju-si, Seoul, and on June 2, 2018.

2. The Defendant asserts to the effect that he/she had different knowledge of his/her seed in mind.

The Defendant stated consistently from the first crackdown to this court that “Is the flowers that had been affected by the celebal lebine,” “Is the celebal lebal tylebal tylebal tylebal tylebal tylebal tylebal tylebal tylebal tylebr tylebr tylebr tylebr tylebr tylebr tylebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr celebr slebr cele,” and that the Defendant either had knowledge or experience to distinguish the quantity of narcotics subject to the Act on the Control of Narcotics, etc., or sold.

In full view of the circumstances indicated in the records of this case, including the fact that there is no evidence to determine the person, and that the defendant has no record of criminal investigation or punishment for a crime related to narcotics, the evidence produced by the prosecutor alone was proved to the extent that it is beyond a reasonable doubt that the defendant cultivated the quantity of the imported goods of this case with the knowledge that they were plants as raw materials for narcotics

It is difficult to recognize it, and there is no other evidence to recognize it.

3. The instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act (proviso of Article 58(2) of the Criminal Act).

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