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(영문) 의정부지방법원고양지원 2020.11.27 2020고단2916
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. Violation of the Act on the Control of Narcotics, etc. (flavoring) is not a person handling narcotics, and thus, a psychotropic drug, a psychotropic drug, shall not administer a Metephopic (copon; hereinafter “copon”).

At around 00:00 on October 28, 2020, the Defendant: (a) sticked 2 water diseases in Yeongdeungpo-gu Seoul Metropolitan Government Bel C by sticking two promptly to the water disease; and (b) heated the amount of philophone’s non-phones that are opened up to the gambling place into the water disease through the string, allowing the postponement to enter the water disease as soon as possible; and (c) administered philophones in a manner that inhales the other as soon as possible.

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 entered the Republic of Korea on November 24, 2013 as the sojourn status for visiting employment (H-2) and stayed in the Republic of Korea beyond the scope of the sojourn period until October 28, 2020, despite the expiration of the sojourn period on November 24, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Official notices requesting an accusation against a violation of the Immigration Control Act, and official notices for accusation against a violation of the Immigration Control Act;

1. Records of seizure, respective lists of seizure and photographs of seized articles;

1. An explanatory note (or a written expert opinion-training);

1. Status of individual entry or departure;

1. Report on investigation (calculated additionally), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Prevention of Narcotics, Etc., Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of sojourn beyond the duration of stay), and 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 main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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