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(영문) 창원지방법원 2015.11.04 2015고단2660
마약류관리에관한법률위반(대마)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A foreigner violating the Immigration Control Act, even though he/she was able to stay in the Republic of Korea within the scope of his/her sojourn status and the period of sojourn, the Defendant entered the Republic of Korea on April 30, 2014 by obtaining a visa of one year for visiting employment status, and entered the Republic of Korea on April 30, 2015, and had not voluntarily left the Republic of Korea until October 1, 2015 when he/she had not voluntarily left the Republic of Korea.

2. A person who violates the Act on the Control of Narcotics, etc. (mariju) shall not smoke or take in marijuana or marijuana seed coats on September 25, 2015, but the Defendant, at around September 21:30, 2015, smoke in the manner of smoking after putting one cigarette in the vicinity of a site lake and water park located in the window of Changwon-si on September 25, 2015, and then making in the said manner of smoking after putting in the marith.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A written accusation, information on the identity of a short-term alien, entry or departure status, and registered alien card;

1. Application of Acts and subordinate statutes to an investigation report (including attachment, etc. of a report on narcotics by the State, a written appraisal of narcotics, a report on the results of preliminary tests for narcotics, and a report

1. Relevant legal aid for the crime: The point of violation of Article 61 (1) 4 (a) and subparagraph 10 of Article 3 of the Act on the Control of Narcotics, Etc., Article 94 and Article 17 (1) of the Immigration Control Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: The basic area ( August to June 1), the basic area (including marijuana, natives (d), items (e), etc.) of types 2 (the scope of recommendations), medication, simple possession, etc. of narcotics, etc.;

(b) concurrent crimes:

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