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(영문) 울산지방법원 2019.07.09 2019고단1313
마약류관리에관한법률위반(대마)등
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, each of the above Defendants is against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a foreigner of Thai nationality who entered the Republic of Korea as visa B-1 (Visa exemption) on June 28, 2014, and Defendant B is a foreigner of Uzbekistan nationality who entered the Republic of Korea as visa on December 18, 2012, and the Defendants are not a person handling narcotics.

1. Defendant A

A. Around 12:15 on March 30, 2019, the Defendant violated the Act on the Control of Narcotics, Etc. (mariju) possessed marijuana equivalent to 0.07g, which is stored in a vinyl C Building D in Ulsan-gun, Ulsan-gun, and stored in a vinyl.

B. Although the period of stay has expired as of September 26, 2014, the Defendant was staying in Korea beyond the scope of the period of stay from September 27, 2014 to March 29, 2019.

2. Defendant B

A. Around 21:00 on March 15, 2019, the Defendant violated the Act on the Control of Narcotics, Etc. (mariju) provided that, in the vicinity of F in Ulsan-gun E, Ulsan-gun, G, a national of the Republic of Korea, a foreign person of the Kazakh who was aware of his/her reputation, provided that he/she provided that he/she may smoke once in vinyl and paper.

B. Although the period of stay has expired as of October 18, 2017, the Defendant in violation of the Immigration Control Act stayed in the Republic of Korea beyond the scope of the period of stay from October 19, 2017 to March 29, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Each police interrogation protocol against G, I, and J;

1. Each protocol of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. Each photograph;

1. Application of each statute on a written accusation;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 61(1)6 and 4(1)2 of the Narcotics Control Act (the possession of marijuana), Article 94 subparag. 7, and Article 17(1) of the Immigration Control Act (the occupation of sojourn beyond the scope of sojourn period), Articles 61(1)6 and 4(1)2 of the Narcotics Control Act (the occupation of acceptance of marijuana), Articles 94 subparag. 7 and 17(1) of the Immigration Control Act (the occupation of sojourn beyond the scope of sojourn period), and each choice of imprisonment with prison labor;

1. Aggravation for concurrent crimes;

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