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(영문) 춘천지방법원 2020.08.13 2020고단625

마약류관리에관한법률위반(향정)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

1. They shall not carry, possess, or trade psychotropic drugs-related Mepters (one philopon; hereinafter referred to as "philopon"), other than those handling narcotics, etc. (flapson) in violation of the Act on the Control of Narcotics, etc.;

On May 2, 2020, the Defendant purchased plasticphones by 300,000 won in cash to the nameless winners (D) at the C parking lot located in Pariju City, Pariju on May 22, 2020, and using approximately 0.23g of philophones.

2. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn.

The Defendant, who was issued visa exemption visa (B-1) on September 23, 2016, entered the Republic of Korea on September 23, 2016, and did not depart until December 22, 2016, the expiration date of the period of stay, and stayed in the Republic of Korea beyond the period of stay from December 23, 2016 to June 13, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary submission of a protocol concerning the interrogation of suspects to E, a protocol of seizure of the police, a list of seizure, a photograph of seized articles and a narcotic appraisal report;

1. Requests for cooperation in investigation, the current status of entry and departure of individuals, and the application of Acts and subordinate statutes to file criminal charges against violations of the Immigration Control Act (report on calculation of additional

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of purchase of philopon), Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of violation of the Immigration Control Act), the choice of imprisonment for each crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant purchases a penphone during the period of illegal stay and delivers it to the customer: Provided, That if the defendant leaves the Republic of Korea on the ground that it is not previous, it is re-offending