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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 has entered or departing from the Republic of Korea on April 22, 1998 and October 12, 2005 with the visa for industrial training, and on June 18, 2008, he/she entered the Republic of Korea with a short-term visa for industrial training and for the same year.
7. A person who has not left the Republic of Korea voluntarily even after the expiration of the period of stay of 18.
Defendant is not a narcotics handler.
1. On November 2013, 2013, the Defendant received approximately 30g of the total seeds of marijuana and hemp plants from C free of charge at the residence of a resident staying in the Republic of Korea of Russia, who is on a flusium (hereinafter referred to as “C”).
2.(a)
On November 2013, 2013, the Defendant: (a) deducted all the packings of a dice tobacco pen in his/her own residence located in Jinju-si 102, Jinju-si; and (b) smoked once by putting marijuana received and kept in his/her possession, with the fluence attached thereto.
B. On November 30, 2013, the Defendant smoked marijuana on one occasion at the same place in the same manner as above.
3. On November 4, 2013, the Defendant received marijuana from C and possessed, as above, for the purpose of smoking approximately 3.45g of marijuana remaining after smoking in the Defendant’s residence, and approximately 2.65g of the seeds of marijuana, until being arrested at around 07:50 on December 4, 2013.
4. Any foreigner may sojourn in the Republic of Korea within the limits of his/her sojourn status and period.
Nevertheless, on June 18, 2008, the Defendant entered the Republic of Korea on a short-term visa with a sojourn period of 30 days, and stayed beyond the sojourn period range from the date of Jinju to December 4, 2013, even though the expiration date of the sojourn period was July 17, 2008.
Summary of Evidence
1. Defendant's legal statement;
1. Seizure records;
1. Status of individual entry or departure;
1. Each written appraisal;
1. Application of Acts and subordinate statutes to the scene of seizure and photographs of seized articles;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;