The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall cultivate narcotics, etc. without approval from the Commissioner of the Korea Food and Drug Administration.

Nevertheless, at around 14:20 on October 16, 2016, the Defendant cultivated 148 poppy, which is the plant used as a raw material for narcotics, at the right side of the entrance of D apartment 409, the dwelling place of the Defendant in Macheon-si, Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. In cases where any seized article does not exist at the time the relevant statute was declared as applicable to the protocol of seizure and the list of seizure, the list of seizure, or the list of seized articles pursuant to Articles 130(2) and (3) and 219 of the Criminal Procedure Act, or where seized articles are already destroyed pursuant to Articles 130(3) and 219 of the said Act, the court may not sentence the forfeiture of such articles (see, e.g., Supreme Court Decisions 2009Do6982, Jan. 28, 2010; 2012Do4182, Jun. 14, 2012). Thus, the seized evidence No. 1 (148 share of return expenses) has already

1. Article 61 (1) 2 and subparagraph 2 of Article 3 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes, and Selection of a fine for negligence;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e.g., Supreme Court Decisions 20