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(영문) 대구지방법원 서부지원 2017.01.13 2016고단2556
마약류관리에관한법률위반(대마)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant (hereinafter “C”) entered the Republic of Korea with the status of “non-professional employment (E-9)” in Myanmar on February 22, 2011, and is a Myanmar who currently stays illegally after the lapse of February 22, 2012, which is the period of stay.

On July 2016, the Defendant smoked marijuana in a way that, along with F (G), etc. on the first floor of “E” located under the underground floor of the building of Daegu-gu D, Daegu-gu, 19:00, the part of the annual beginning part of the tobacco of Myanmar, which was less than that of the smoke of the tobacco of Myanmar, added in the smoke of the tobacco of Myanmar, made a single-name “large-Ma Tobacco,” and made a single-name “large-Ma Tobacco,” and made a fire, thereby spreading the smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act (i.e., the first offender) in the suspension of execution;

1. The proviso to Article 67 of the Narcotics Control Act;

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