1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The plaintiff is a foreigner of U.S. nationality who enters the Republic of Korea as a member of the Tourism Department (B-2) on October 23, 2009 and stays in the Republic of Korea on January 21, 2010 (F4) as an overseas Korean (F4).

On October 10, 2013, the Defendant issued an order for departure pursuant to Articles 11(1)3 and 46(1) of the Immigration Control Act to the Plaintiff on March 19, 2015, on the following grounds (hereinafter “instant criminal facts”), who was sentenced by the Seoul High Court to three years of imprisonment, five years of suspended execution, and notified the Plaintiff of the fact that the said punishment became final and conclusive.

(hereinafter “instant disposition”). Criminal facts

1. Any person who violates the Act on the Control of Narcotics, etc. (fence) shall be prohibited from carrying, possessing, using, controlling, exporting, importing, manufacturing, trading, assisting in the trade of, or giving or receiving psychotropic drugs falling under JW-018 and their similar bodies or other psychotropic drugs containing them;

A. On October 26, 2012, around 23:00, the Defendant purchased approximately 100,000 won of psychotropic drugs JWH-122 ingredients of JW-122 in the similar chain of JW-122 in the vehicle of US soldiers D (hereinafter “D”) parked in C (hereinafter “D”).

B. The Defendant, at the same time and at the same place as in the preceding paragraph, dried the synthetic marijuana tobacco with D combustibility (such as removing the substance of the tobacco dog and inserting its synthetic marijuana in its scam) and used it in a way of smoking it.

C. At around 01:00 on October 27, 2012, the Defendant removed tobacco openings from the Defendant’s dwelling area of Ildong-gu Etel 1326, Youngdong-gu Etel 1326, containing approximately 2gg of synthetic marijuana in its inner area, added a fire, and used the smoke in a way of spreading it.

2. The Defendant is not a person handling narcotics, etc.

A person other than a person handling narcotics shall not cultivate, possess, possess, receive, transport, keep or use marijuana.