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(영문) 인천지방법원 2016.05.26 2016고단1844
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a foreigner of the nationality of business bestan.

1. Around 03:00 on March 20, 2016, the Defendant, in violation of the Narcotics Control Act (marijuana), made a fluencous marijuana at D clubs located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the fluencing of the flucing fluor’s fluencing of the flus

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limit of his/her sojourn status and the period of sojourn, and if he/she intends to continue his/her sojourn in excess of the period

Nevertheless, the Defendant entered the Republic of Korea as a non-professional employment (E9) on December 20, 2007, and continued to stay in the Republic of Korea without obtaining permission for extension of the period of stay after December 18, 2012, the expiration date of the period of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A protocol of seizure and a list of seizure;

1. Application of the reply to a request for appraisal (2016-H-4396) and the narcotics appraisal report, narcotics appraisal report, and individual immigration statutes;

1. Relevant Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, Articles 94 subparagraph 17 and 25 of the Immigration Control Act, and choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Determination of Type] The basic area [Determination of the territory of recommendation] : August to January 6 [Scope of the recommended punishment] from August to June 1: [The scope of general sentencing person] applicable to the mitigation element: small scope of participation, and there is no record of criminal punishment [Scope of applicable punishment]: A statutory punishment under Article 61 (1) 4 of the Narcotics Control Act: one month to five years [whether suspended sentence is suspended] - Major extenuating circumstances: There is no positive record of criminal punishment.

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