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(영문) 창원지방법원 2019.01.23 2018고단2836
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

1. Violation of the Act on the Control of Narcotics;

A. On October 3, 2018, the Defendant: (a) around Busan Gangseo-gu, and C Dormitory D’s room; (b) opened marijuana at the entrance lids of the pest; (c) attached the smoke emitted from the incombustible-type marijuana; and (d) smoked from the name-free boxes (E), the name-free boxes (hereinafter “E”), and smoked in the mari-type for marijuana, which was dried from the name-free boxes (hereinafter “E”).

B. On October 15, 2018, around 21:30 on October 21, 2018, the Defendant, holding marijuana, at around Busan Gangseo-gu Busan and C offices, carried approximately 2.31g of hemp, which he received from a person who was not entitled to receive the name (E) of Uzbekistan nationality (hereinafter “E”), in a white paper, stored it in the Defendant’s main machine.

C. At around 21:40 on October 15, 2018, the Defendant stored marijuana storage room in the said C dormitory D room of the said C dormitory, with a view to smoking approximately 0.29g of marijuana, the Defendant stored it in a white paper, putting it in a window, and stored in the window.

2. On February 2, 2013, the Defendant violated the Immigration Control Act entered the status of non-professional employment (E-9-1) and stayed in the Republic of Korea beyond the scope of the period of sojourn after residing in Busan, etc. until October 15, 2018 despite the expiration of the period of sojourn on September 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. An appraisal report;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 61 (1) 4 (a), Article 3 subparag. 10, Article 61 (1) 6, and Article 4 (1) of the Act on the Selective Management of Narcotics, etc. concerning Criminal Facts, Articles 94 subparag. 7 and 17 (1) of the Immigration Control Act, and imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The amount additionally collected under Article 67 of the Act on the Control of Narcotics, etc. subject to confiscation and collection: 3,000 won (the price for smoking marijuana once. The whole quantity of confiscated marijuana shall be appraised and consumed);

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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