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(영문) 광주지방법원 2020.06.19 2020고합122
마약류관리에관한법률위반(대마)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

except that from the date of this judgment.

Reasons

Punishment of the crime

No one shall sell or sell marijuana except for cases approved by the Minister of Food and Drug Safety, and no one shall smoke marijuana or carry marijuana for the purpose of smoking, except in cases where he/she takes it for medical purposes with approval from the Minister of Food and Drug Safety.

1. After the Defendants’ co-principals (202 Gohap122, 139, mariju Trading), Defendant A was prosecuted (2020 Gohap122), Defendant B was additionally indicted.

(2020 Gohap139) The facts charged against Defendant A (2020 Gohap122) describe the part of the Defendant’s conspiracy with Defendant B, and even if the facts charged about the Defendants’ joint criminal conduct are consolidated, there is no substantial disadvantage in exercising the Defendants’ right of defense. Thus, the consolidated statement is as follows.

Defendant

B around March 4, 2020, the Defendant A, who purchased the hemp plant (hereinafter referred to as “marijuana”), which is a kind of hemp, prior to that time, requested that the Defendant A purchase it.

Defendant

A, in response to this, intended to purchase marijuana with Defendant B.

Defendant

A around March 4, 2020, in contact with a franchising machine through an “franchising machine” (hereinafter “franchis”), a smartphone program, intended to purchase marijuana, and received a photograph of the head of the Tong to transfer the sales amount of marijuana.

On the same day, Defendant B remitted KRW 200,000 to the account in the name of D designated by C.

C In order to give marijuana as its consideration, C transmitted to Defendant A the address and photograph of the hidden place of the marijuana.

Accordingly, at least 19:00 on the same day, the Defendants recovered vinyls containing about 5g of marijuana, which were concealed under the roadsides of the way where a factory is located in Gwangju.

Accordingly, the Defendants conspired to sell marijuana even if they were not approved by the Minister of Food and Drug Safety.

2. The defendant.

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