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(영문) 창원지방법원 2018.09.20 2018고단2006

마약류관리에관한법률위반(대마)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of business bestan, not a person dealing with narcotics.

1. Violation of the Narcotics Control Act;

A. On July 25, 2018, around 14:00, the Defendant smoked, without compensation, the fested fluor’s name, by using the “mashing machine for marijuana” made it possible to collect smoke emitted from the fluor of the fluor in the fluor of the fluor’s body, through which the entrance of the fluor’s body was cut back, and the lower part of the fluor’s body was easily cut back, by connecting the plastic paper to the fluor’s body, so that the smoke emitted from the fluor of the fluor’s body (hereinafter “D”).

B. On July 28, 2018, at around 20:00, the Defendant smoked, at the same place as above, the fluoral fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s d

2. On September 30, 2015, the Defendant violated the Immigration Control Act entered the Republic of Korea as a non-professional employment (E-9-1) sojourn status, and stayed in the Republic of Korea beyond the scope of sojourn period by staying in a smuggling, etc. until July 31, 2018 despite the expiration of the relevant sojourn period on February 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A written accusation;

1. A written appraisal of each drug;

1. Each protocol of seizure and the list of seizure;

1. A report on investigation (calculated additional collection charges);

1. A list of personal immigration status and registered alien records;

1. Application of field photographs, photographs of the inhalers of marijuana, and photographs of seized articles to Acts and subordinate statutes;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Articles 61 (1) 7 and 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 67 of the Narcotics Control Act;