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(영문) 전주지방법원 2019.10.17 2019고단1255

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

163,333 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

A person other than a person handling narcotics, shall not sell or administer a psychotropic drug camacopon (hereinafter referred to as "copon"), and the defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act;

A. On March 27, 2019, the Defendant, in collusion with B and a person with the fatherland (hereinafter “C”), purchased KRW 0.75g of the philopon from a person with the fatherland (hereinafter “G”), and purchased KRW 0.75g of the philopon in front of the Fdong of “E apartment”, which is the dwelling of the fatherland located in Yongcheon-si D, Youngcheon-si (hereinafter “C”), and sold the philopon.

B. At around March 27, 2019, the Defendant administered a philophone on a one-time medication, putting about 0.25 g of philophones from the above “E apartment” H to a gambling place, putting them into a rophone, and then inhales them as soon as any postponement that occurs after cutting them into a rophone (the prompt name “frophone”).

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.

Nevertheless, the Defendant, who had the nationality of Thailand, entered the Republic of Korea on July 12, 2014 and stayed in the Republic of Korea from October 10 to July 9, 2019, despite the expiration of the period of sojourn on October 10 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol concerning the examination of suspect B;

1. Protocol of the police statement concerning B;

1. The police seizure record and the list of seizure;

1. The application of the Act and subordinate statutes on the Report of Internal History (hereinafter “I”), the status of entry and departure of individuals, the quantity of opphones, the specific pictures of opphones, the communications of Messenssenssens, etc., investigation reports (case on the quantity of opphones sold by a suspect), investigation reports (case on the quantity of opphones sold by a suspect), photographs, investigation reports (case on accusation of violation of the Immigration Control Act), one copy of an accusation, calculation of additional collection charges, and the request for appraisal

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, etc. for Crimes;