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(영문) 광주지방법원 2021.02.16 2020고단6611

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 a period of 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 narcotics handler, the Defendant treated the Metropha, which is a local mental medicine (hereinafter “philophone”), as follows.

A. On February 18, 2018, the Defendant received philophones: (a) around 00:00, at an exclusive club in Gwangju Mine-gu, “C” with the trade name of “E”, and (b) approximately 0.05g of philophones sealed in D (one name “E”) as soon as possible.

B. On March 31, 2018, the Defendant purchased philophones: (a) paid KRW 100,000 to the said D in front of the latter part of the F market in Gwangju Mine-gu, Gwangju; and (b) received approximately 0.05 g of philophones packed in one package as soon as possible.

(c)

around 02:00 on February 18, 2018, the Defendant administered philophones in a manner that inhales the philophones received from the foregoing H at the residence of the first name “H” located in G in Gwangju Mine-gu, and inhales the smoke caused by heating the philophones into the philophones, such as the above paragraph (a).

2) On March 31, 2018, at around 20:30, the Defendant administered phiphones in such a way as to inhale the smokes caused by heating the phiphones purchased as indicated in the foregoing paragraph (b) with the phiphones administered by the Defendant at the residence of “H” as indicated in the foregoing paragraph (1).

2. Notwithstanding the fact that the period of stay expires on September 3, 2016, the Defendant, who violated the Immigration Control Act, entered the Republic of Korea as a foreigner of Thailand nationality exemption (B-1) around June 5, 2016, and stayed in the Republic of Korea beyond the scope of the period of stay from the following day to December 15, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A written accusation;

1. Each written appraisal;

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

1. Status of individual entry or departure;

1. Court rulings;

1. Each photograph;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 of the Act on the Management of Narcotics, etc. for Crimes and the Selection of Punishment therefor.