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(영문) 대전지방법원 천안지원 2016.03.30 2016고합19

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is not a handler of narcotics, etc.

On January 12, 2016, the Defendant sought to “C” as a mobile phone from around Pyeongtaek-si, 2016 to “A” a kind of friendly arrest in Thailand.

달라” 고 부탁하면서 구입자금 명목으로 10만 원을 ‘C’ 명의의 태국 까 시 껀 은행 계좌로 송금하여 주고, ‘C ’으로 하여금 각 향 정신성의약품인 메트 암페타민( 속칭 ‘ 필로폰’) 0.68g, MDMA( 속칭 ‘ 엑스터시’) 1.93g, 케타민 0.36g 합계 2.97g 의 마약류를 국제 특급우편에 은닉하여 이를 국내로 발송하게 하여 위 국제 특급 우편물이 2016. 1. 16. 인천 중구 공항로에 있는 인천 국제공항에 도착하게 함으로써 마약류를 수입하였다.

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

The defendant is a foreigner of Thailand's nationality, who is granted sojourn status (B-1) for three months of the period of stay on February 9, 2014, and enters the Incheon International Airport located in the Incheon Jung-gu Airport, Jung-gu, Incheon for the same year.

5. 10. Even if the period of sojourn expires, he/she stayed in the Republic of Korea until January 21, 2016 without permission for extension of the period of sojourn.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (the customs office of Incheon Airport);

1. Responses to the results of the analysis;

1. Detailed statement of transactions;

1. A mobile analysis report;

1. Investigation report (detailed statement of entrance fees, confirmation of narcotics, etc.);

1. Application of Acts and subordinate statutes on accusation to immigration offenders;

1. Article 58 (1) 6, Article 4 (1), subparagraph 3 (b) of Article 2 and Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the Act on the Selection and Management of Narcotics, Etc. (the importation of penalty and imprisonment with prison labor) concerning facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Article 50) of the Act on the Control of Narcotics, etc. with heavy punishment.