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(영문) 광주지방법원 2020.12.11 2020고합393
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall sell or sell marijuana, except where approved by the Minister of Food and Drug Safety, and no person shall smoke marijuana, except where he/she takes marijuana for medical purposes with approval from the Minister of Food and Drug Safety.

1. The Defendant: (a) expressed his/her intent to purchase marijuana through telegram to the seller of the hemp plant (around January 15, 2020, when his/her name is unknown (hereinafter referred to as “maim hemp leaves”); (b) transferred KRW 2,10,00 to the Nong Bank (D) account in the name of the said seller at around 19:34 of the same day; and (c) around that time, he/she purchased marijuana 2.1g from November 19, 2019 to January 28, 2020; and (d) sold and purchased the hemp 2.1g left by the said seller at any place located in Gwangju Metropolitan City through the Jeonsung-gun-gun, Gwangju Metropolitan City; and (d) sold and purchased the hemp 7,40,000 won in total four times in the same manner as indicated in the list of crimes in the attached Table.

Accordingly, although the defendant did not obtain approval from the Minister of Food and Drug Safety, he traded marijuana four times.

2. Smoking marijuana;

A. On November 19, 2019, the Defendant smokes marijuana in a way that, around 22:00 on November 19, 2019, the Defendant, from the Defendant’s home toilets in Gwangju Mine-gu, and the Defendant’s house toilets in G, the amount of marijuana purchased under the foregoing paragraph (1) is put in plastic transit and inhales it with a fire attached thereto;

B. The above A around January 15, 2020 21:00

Smoking marijuana in a quantity not known in the same manner at the port of entry;

C. The above A around January 21, 2020 22:00

Smoking marijuana in a quantity not known in the same manner at the port of entry;

D. On January 28, 2020, the above A around 21:00

Smoking marijuana in a quantity not known in the same manner at the port of entry;

E. On July 20, 2020, the above A around 21:00

The smoke shall be made in such a way as to smoke tobacco by inserting marijuana into one cigarette at the port of port and attaching a fire thereto.

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