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(영문) 청주지방법원 2017.04.13 2016고단2959

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for six months.

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

Defendant (hereinafter “C”) entered the Republic of Korea as a visa (E-9) on May 19, 2012 and did not treat narcotics, etc. as a person of Myanmar nationality who has been illegally staying in the Republic of Korea (E-9 May 19, 2013).

On July 2016, 2016, the Defendant: (a) smoked marijuana in a manner that lowers the initial part of the annual part of the tobacco 1 in Myanmar, F (G), etc. on the first floor under the D, Daegu-gu Hamn F, by inserting in the said part; (b) inserting in the said part the smoke of the man tobacco; and (c) making one “Man Tobacco” by inserting the smoke by inserting the smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of public prosecution against F and H;

1. Statement of reference witnesses by the prosecution concerning I;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to report internal investigation (the details of the person G and C's personal information) and investigation report (the calculation of additional collection charges);

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], the scope of the punishment simple possession, etc., of the two types (math, math, d., e., marijuana, and natives) and the basic area (from August to June) of the sentencing guidelines (no special person in sentencing is found);

2. The factors of sentencing that are disadvantageous to the decision of sentencing: The factors of sentencing that are superior to the social hazard are crimes. There are no previous convictions. They are found to be erroneous and reflect on smoking once. o and other factors of sentencing under Article 51 of the Criminal Act, comprehensively taking into account the sentencing criteria in Article 51 of the Criminal Act, set a minor penalty rather than the scope of the recommended punishment according to the sentencing guidelines and