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(영문) 서울고등법원 2019.02.01 2018노2342
마약류관리에관한법률위반(대마)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for two years and six months, and by imprisonment for two years, respectively.

Reasons

On the grounds of appeal, mistake of facts and misapprehension of legal principles in the cultivation of marijuana for the purpose of trade (Defendant A) (hereinafter “Defendant A”), Defendant A did not cultivate marijuana for the purpose of smoking, but did not cultivate it for the purpose of trade, in order to address the scarcity and stress through smoking, but did not have succeeded in the cultivation of marijuana by scarving marijuana seeds.

As to the import of marijuana for profit, the Defendants purchased marijuana at the time of the entry of this part of the facts charged, but there is no fact that the Defendants imported marijuana from abroad as stated in the facts charged.

Defendant

B Defendant B only conspired with Defendant A to commit an act of selling marijuana, and there was no conspiracy to commit an act of importing marijuana.

Even if Defendant B’s act of selling marijuana was helpful to Defendant A’s act of importing marijuana.

Even if this is merely a facilitation of the import of marijuana, Defendant B is merely an aiding and abetting offender for the import of marijuana, and it cannot be deemed a joint principal offender.

With respect to the sale of marijuana (Defendant A), there is no fact that Defendant A sold marijuana to I listed in the sequence 7 of the crime sight table.

Defendant

A has sold marijuana at least 1g at least once to each applicant for the purchase, and the part of which sales are less than 1g among the crimes of selling marijuana listed in the attached list of crimes is not sold and transmitted to Bitcoin.

The lower court on the ex officio determination of the number of crimes related to marijuana sales shall be the Act on the Control of Narcotics, etc. (hereinafter “Narcotic Drugs Control Act”).

Of the facts charged in the violation of the Narcotics Control Act No. 15 and 30 listed in the separate sheet No. 15 and No. 15 of the facts charged, the guilty of the violation of the Act on the Control of Narcotics, Etc. (mariana) related to the sale of marijuana, and the guilty of the violation of the Act on the Control of Narcotics, etc. (marijuana) related to the sale

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