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(영문) 대구지방법원 영덕지원 2018.08.22 2018고정32
마약류관리에관한법률위반(마약)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall cultivate plants used as raw materials for narcotics, or possess or possess raw materials, seeds, or seedlings containing their component.

Nevertheless, around April 26, 2018, the Defendant cultivated poppy (one soppy) 1,380 share, which is the plant used as a raw material for narcotics, at the bar of the Defendant located in Ulsan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Reports on internal investigation (on the spot and attaching photographs of seized articles);

1. Application of the statutes of the response request for appraisal;

1. Article 61 (1) 2 and subparagraph 2 of Article 3 of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense (opportune selection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized all of the instant crimes; (b) there was no record of punishment against the Defendant for committing the instant crime; and (c) the Defendant did not have any record of having cultivated the instant expenses for the purpose of selling them; and (d) the Defendant’s age, environment, sexual conduct, motive, means and consequence of the instant crime; and (b) the punishment as ordered shall be determined by taking into account all the sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc.

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