beta
(영문) 광주지방법원 2020.05.28 2020고단1588

마약류관리에관한법률위반(향정)등

Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 6 months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A (A), Defendant B (A, one-person D; hereinafter referred to as “A”); and Defendant C (hereinafter referred to as “B”); and Defendant C (hereinafter referred to as “C”) dealt with the following psychotropic drugs, notwithstanding that they are not persons handling Cambodias residing in Korea, even though they are not persons handling narcotics:

1. On November 24, 2019, at around 22:50, the Defendants 22:50, 13, 2019, 1. The Defendants 1, J, and I purchased from K at the Gwangju Mine G and H company dormitories, and 1, 3:50, 200, 1: (a) as soon as possible, 1:50, 2000, 3:00 pophophones purchased from K, 1; (b) 3:00, 3:00, 3:00 1; and (c) 3:00,000 2:0 3:0 1:0,000

Accordingly, the Defendants, in collusion with I and J, administered philophones.

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

Nevertheless, even though the Defendant entered the Republic of Korea with a non-professional employment (E-9) qualification capable of engaging in a specific field upon obtaining an employment permit on July 16, 2013, the Defendant stayed in the Republic of Korea beyond the scope of the period of sojourn by staying in the Republic of Korea from May 16, 2018 to March 30, 2020, which is the said period of sojourn.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to I;

1. Accusation of an immigration offender;

1. Each protocol of seizure and the list of seizure;

1. Status of individual entry or departure;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of sojourn in violation of the period of stay), and Article 60 (1) 7 of the Act on the Control of Narcotics, Etc.