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(영문) 울산지방법원 2019.08.27 2019고단2563
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for one year.

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

On April 9, 2012, the Defendant is not a person handling narcotics, who entered the Republic of Korea with a visa for short-term visits (C-3) around April 9, 2012.

1. Smoking marijuana;

A. On June 18, 2019, at around 22:00, the Defendant, in a park located in Ulsan-gu B, Ulsan-gu, lessed the tobacco plant of one cigarette, added marijuana to the degree of smoking once, and smoked in a way of smoking smoke.

B. At around 13:00 on June 25, 2019, the Defendant’s above 1-A from the toilets located in Ulsan-gu Down-gu, Ulsan-gu.

In the same manner as the paragraph, marijuana was smoked.

2. The Defendant possessing marijuana: (a) around July 8, 2019, at around 09:25, the above 1-B.

The hemp amounting to 2.08g at the place indicated in the port was possessed in a way that it is stored in the right-hand part of the right-hand part of the Cheongban.

3. On April 9, 2012, the Defendant violated the Immigration Control Act entered the Republic of Korea as a visa for short-term visits (C-3) and stayed in the Republic of Korea beyond the scope of the period of stay from July 8, 2012 to July 8, 2019, despite the expiration of the period of stay on July 8, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of public prosecutor with F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to narcotics appraisal certificates and photographs;

1. Articles 61 (1) 4 (a), 3 subparagraph 10 (a) (the occupation of smoking marijuana), 61 (1) 6, and 4 (1) 2 (the occupation of possessing marijuana), subparagraph 7 of Article 94, and Article 17 (1) of the Immigration Control Act (the occupation of staying in excess of the scope of sojourn period), and the choice of imprisonment, respectively, for the crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Sentencing criteria;

(a) Type 2 (ma) of the Act on the Control of Narcotics, etc. (referring to the scope of recommendations), medication, simple possession, etc.: Basic area (referring to the marijuth, d. (e) and (e) of the marith and June); and

B. The sentencing criteria for the violation of the Immigration Control Act are not set.

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