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(영문) 창원지방법원 2017.08.17 2017고단2521
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a business bekistan’s nationality, and on November 21, 2012, a short-term visit (C-3, 90 days) held on a short-term visit (C-3, 2012), and is not a person dealing with narcotics, etc., who has not left the Republic of Korea

1. On July 9, 2017, the Defendant smoked marijuana (D dormitory 403 in Daegu-gu) around 22:00. D dormitory 403, the Defendant injected marijuana by entering the following parts through a small hole, with the entrance of an Alumin water tank attached to an Aluminium be covered with an Aluminium bed and with a small hole attached thereto, and with several smokes attached thereto, with a demination of marijuana.

2. At around 06:50 on July 10, 2017, the Defendant stored marijuana in a transparent vinyl 403g of the said D dormitory, and stored marijuana in a way of hiding it into the transparent vinyl 403g, and then saving it between the dins and mat leases.

3. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

On November 21, 2012, the Defendant entered the Republic of Korea as a short-term visit (C-3) and stayed in the Republic of Korea after residing in D 403, etc. located in Daegu-gun C from February 20, 2013 to July 10, 2017, despite the expiration of the period of sojourn on February 19, 2013.

Summary of Evidence

Application of Acts and subordinate statutes to the investigation report (calculated of additional charges) on narcotics in the seizure protocol by the defendant's court statement;

1. Any of Articles 61 (1) 4 (a), 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, and Article 61 (1) 4 (b) and 61 subparagraph 10 (b) (the items of Article 3 subparagraph 10 (b)) of the same Act;

of possession), Article 94 subparag. 7 of the Immigration Control Act, and Article 17 subparag. 1 of the Immigration Control Act (the point of stay after expiration of the period of stay)

2. Selection of penalty penalty:

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

4. Article 62(1) of the Criminal Act (a) of the suspended sentence shall have the power of criminal punishment in the Republic of Korea.

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