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(영문) 창원지방법원 2018.07.19 2018고단1471
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

1. No person who violates the Narcotics Control Act shall smoke or take in marijuana or its seed coats, and shall carry marijuana, its seeds, or its seed coats for the purpose of doing such an act;

A. On June 10, 2018, the Defendant: (a) around 23:00, at the Defendant’s house, covered the entrance of the water tank for plastic life with an Aluminium bed; and (b) polycerum with a small hole in the gambling place, fluoring the fluor of the hemp plant on several occasions; (c) cutting off the fluor of the hemp plant on the fluor; and (d) fluoring the smoke into the water tank; and (d) smoked the hemp in a way that they interfere with it.

B. Around 10:00 on June 11, 2018, the Defendant possessed the hemp plant in a manner that, after smoking the hemp, she puts the hemp in an envelope of 6.08g of the hemp plant remaining 6.08g in the Defendant’s left heading machine.

2. No foreigner violating the Immigration Control Act shall sojourn in the Republic of Korea after exceeding the scope of his/her sojourn status or sojourn period.

The Defendant, on October 30, 2013, stayed in the Republic of Korea by exceeding the scope of the period of stay until June 11, 2018, despite the expiration of the period of stay on May 20, 2018 due to the revocation of the stay while entering the Republic of Korea as a non-professional employment (E-9-1) sojourn status around October 30, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Report on investigation (Confirmation of additional collection charges);

1. A response to a request for appraisal and a written appraisal;

1. Accusation of an immigration offender at a request of an investigative agency;

1. A list of registered foreigners' records;

1. Application of each statute on photographs;

1. Any marijuana specified in Article 61(1)4 (a), subparagraph 10 (a) (the point of smoking marijuana) of Article 3, Article 61(1)4 (b) and subparagraph 10 (b) of Article 3 of the Act on the Control of Narcotics, Etc., and Article 61(1)4 and subparagraph 10 (b) of Article 3 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense;

possession, entry and departure control.

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