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(영문) 울산지방법원 2019.10.10 2019고단2918
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 2, 2013, the Defendant is not a person handling narcotics, who entered the Republic of Korea as a non-professional employment visa (E-9).

1. On March 1, 2019, the Defendant growing marijuana: (a) transferred four seeds of marijuana, which were received from the male of his non-name Uzbekistan’s name, into the body of the spawn, to the body of the spawn; (b) around 18:00 on August 1, 2019, the Defendant collected approximately 70-80 cm from the body of the spawn in the body of the spawn; and (c) cultivated marijuana by collecting the mawn leaves from the body of the spawn to the body of the spawn.

2. On August 5, 2019, at around 17:50, the Defendant possessed marijuana in a manner that contains and stores marijuana leaves equivalent to 13.9g, cultivated and collected as stated in paragraph (1), and stored in vinyl bags.

3. On August 3, 2019, the Defendant: (a) around 15:00, at the place indicated in paragraph (1); (b) on a posite where a small amount of French marijuana is excavated, the Defendant: (c) placed it on a fluoral bottle; (d) placed it on a fluoral bottle; and (e) smoked in such a way as to inhale it by drilling it into the inner hole of the fluoral disease.

4. On April 2, 2013, the Defendant violated the Immigration Control Act entered the Republic of Korea as a non-professional employee visa (E-9) and stayed in the Republic of Korea beyond the scope of the period of sojourn from November 20, 2014 to August 5, 2019, despite the expiration of the period of sojourn on November 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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

1. Each report on investigation;

1. Requests for appraisal;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 61(1)6, 4(1)2 (the point of cultivation of marijuana and the point of possession of marijuana), 61(1)4 (a), and 3 subparag. 10 (a) (the point of smoking marijuana), Articles 94 subparag. 7 and 17(1) of the Immigration Control Act (the point of sojourn beyond the scope of sojourn period) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment, respectively;

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. Confiscation.

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