Whether Chewing drinking of the hemp seeds sealed in its seed coats constitutes a violation of the Cannabis Control Act (affirmative)

The term "marijuana" means the hemp plant, its resin, and all the products manufactured of the hemp plant as their raw materials, and the seeds, roots, and the mature strings of the hemp plant and their products are excluded (Article 2(1)); the Act prohibits the smoking or taking in of marijuana and its seed coats; and the person committing a violation thereof is punished (Articles 20(1)3 and 4 subparag. 4). As such, the act of smoking in the hemp plant is in violation of Article 20(1)3 and Article 4 subparag. 4 of the Cannabis Control Act, and the act of punishing the person committing a violation thereof (Articles 20(1)3 and 4 subparag. 4).

Article 2(1), Article 4 subparag. 4, and Article 20(1)3 of the Cannabis Control Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Defendant

Defendant

Incheon District Court Decision 99No1356 delivered on July 15, 1999

The appeal is dismissed. 110 days out of the number of detention days after the appeal shall be included in the original sentence.

We examine the grounds of appeal.

1. As to the claim of mental disability

Examining all the circumstances indicated in the records of this case, such as the background leading up to the crime of damage of this case and the behavior of the defendant before and after the crime, it is apparent that the defendant does not lack the ability or decision-making ability to discern things at the time of the crime of damage of this case. Thus, there is no reason to discuss.

2. As to the assertion of misapprehension of legal principle

For the purpose of the Cannabis Control Act (hereinafter referred to as the "Act"), the term "marijuana" means the hemp plants, their resin, and all the products manufactured using the hemp plants as their raw materials, and the seeds, roots, and mature strings of the hemp plants and their products are excluded (Article 2(1) of the Act); the Act prohibits smoking or taking in marijuana and its seed coats from engaging in any act of smoking or taking in it; and the person committing any act of violating this Act is punished (Article 20(1)3 and Article 4 subparag. 4 of the Act). Thus, the judgment of the court below convicting the defendant of the act of this case in question as to the seeds of the hemp plants stored in its seed coats, and there is no violation of the law by misunderstanding the pertinent legal principles.

3. Therefore, the appeal shall be dismissed, and part of the number of days pending trial after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Sung-sung (Presiding Justice)