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(영문) 수원지방법원 성남지원 2016.09.28 2016고단2189
마약류관리에관한법률위반(마약)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 2016, 2016, the Defendant rootsed the spawn fry, which is a raw material for Aves, in a garden located in Hanam-si, Hannam-si, and cultivated approximately 1,580 spawn at that place until May 27, 2016.

Accordingly, the Defendant cultivated plants used as raw materials for narcotics.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Seizure records;

1. Photographs;

1. The statement of narcotics appraisal (the defendant himself has known that the plants he keyed have become aware of the raw materials of the chemical ingots that do not contain narcotics ingredients;

However, the circumstances revealed by the evidence adopted and examined by this Court, i.e., the Defendant cultivated the cost of return cultivated in approximately 1,580 weeks for the purpose of tolerance.

In light of the fact that it is difficult to believe, and that there was no verification procedure on the quantity of return cultivated by oneself even though the cultivation of the quantity of return was aware of the illegal fact, at least the Defendant may be recognized as recognizing that the production of the instant quantity of return was prohibited at the time of cultivating the said amount of return, while recognizing that it was allowed at least that it was a plant guidance prohibited from growing).

Application of Statutes

1. Article 61 (1) 2 and subparagraph 2 of Article 3 of the Act on the Control of Narcotics, etc. under Article 61 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the same Act (Article 59 (4) of the same Act (Article 59 of the same suspended sentence: 4 months of imprisonment, the number of expenses cultivated by the defendant is somewhat large, but it appears that the defendant did not dry, keep or use cultivated expenses, the defendant was the first offender who has no previous record and is aged 72, and the degree of education of the defendant, etc.)

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