Whether an act of trading the hemp seeds constitutes an act of trading marijuana under Article 4 subparag. 3 of the Cannabis Control Act (negative)

The act of trading the hemp seeds shall not be deemed to constitute an act of trading marijuana under Article 4 subparagraph 3 of the Cannabis Control Act, even if the seed coats is attached to the seeds.

Article 4 subparag. 3 of the Cannabis Control Act

Defendant 1 and one other

Prosecutor

Seoul High Court Decision 96No993 delivered on August 29, 1996

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below affirmed the first instance court's decision that acquitted the defendants on the ground that the defendants' act of trading the seeds of the hemp plant, even though the defendants sold and sold its seed coats as stated in the facts charged, does not constitute an act of marijuana trade under Article 4 subparagraph 3 of the Cannabis Control Act even if the act of selling and selling its seed coats is attached to the seeds, and therefore, the facts charged for selling the seeds of the hemp plant of this case against the defendants constitutes a case where the defendant's case does not constitute a crime. In light of the records and relevant legal provisions, the court below's examination of the above judgment of the court below is just and there is no violation of law by misapprehending the legal principles of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Park Jong-ho (Presiding Justice)