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(영문) 수원지방법원안산지원 2020.09.23 2020고단3397
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. The Defendant is not a person handling narcotics, but a person who is not a person handling narcotics, etc., a person who is not a person handling narcotics, etc., shall not trade, assist in the trade of, give or receive, possess, possess, use, control, prepare, administer, or provide psychotropic drugs-related psychotropic drugs-related psychotropic drugs.

Nevertheless, at around 03:00 on July 13, 2020, the Defendant administered the smoke generated from the philophones by inserting the volume of the philophones in subparagraphs B and C to the glass pipe connected to plastic bottles, heating below the bubine glass pipe, and melting it through as soon as connected to the disease.

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, on September 5, 2017, entered the Republic of Korea with the visa exemption (B-1) status, and was staying in the Republic of Korea beyond the scope of the period of stay until August 13, 2020, despite the expiration of the period of stay as of December 4, 2017.

Summary of Evidence

1. Copy of the court statement of the defendant D, and each protocol of suspect examination of the police against E;

1. The application of the records of seizure of the police statement made to D, and the statutes governing the charge for the violation of the Immigration Control Act to the list of seizure;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, etc., Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the Immigration Control Act (the point of illegally staying in the Republic of Korea after the expiration of the period of stay), and the choice of imprisonment, respectively;

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. In addition, all circumstances, such as the fact that there is no record of punishment for the same kind of crime in Korea for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the frequency of the crime, and the period of illegal stay; and

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