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(영문) 광주지방법원 2020.09.10 2020고단3496
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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. Notwithstanding the fact that the Defendant is not a person handling narcotics, etc., the Defendant handled a “mariana” (hereinafter “marijuana”) which is a tobacco plant, which is the following, regardless of the violation of the Narcotics Control Act (hereinafter “mariana”).

On April 6, 2020, from around 21:03 to 21:37 the same day, the Defendant proposed that the Defendant smoked marijuana along with D in Gwangju Mine-gu Budio C, Gwangju, by putting the upper part of the large plastic pest in a knife and in a small size of the pest, and then smoked marijuana at the entrance of a small pest with water and with heated by heating it into a riffic with a small amount of scrap.

B. Around April 21, 2020, the Defendant, as described in the foregoing paragraph (a), smoked marijuana along with D, and received, without compensation, the corresponding lid lids of life and disease from D in the above studs room, and received and delivered the corresponding lids of life and disease, and marijuana.

2. On March 13, 2019, the Defendant violated the Immigration Control Act entered Korea with visa exemption (B-1) and stayed in Korea beyond the scope of the period of sojourn from the following day to June 24, 2020, notwithstanding the fact that the period of sojourn expires on May 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Protocol concerning the examination of each police suspect regarding D;

1. Accusation of an immigration offender;

1. Results of digital evidence analysis and mobile phone analysis;

1. Written request for an examination, reply to a request for appraisal, a summary appraisal report, and an appraisal report;

1. Related CCTV photographs and related photographs;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the smoking point of marijuana), Article 61 (1) 6, and Article 4 (1) 2 (the point of receiving marijuana), Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Act on the Management of Narcotics, etc., respectively, concerning criminal facts;

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