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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
Defendant is not a narcotics handler.
1. Violation of the Narcotics Control Act;
A. At around 10:00 on June 20, 2020, the Defendant administered philophones in a way that puts the non-explosive volume of the Defendant’s residence at the time of Gyeonggi-si, Gyeonggi-do (hereinafter “Wlophone”) into a glass disease, and inhales smoke by heating it with a dog.
B. On June 20, 2020, at around 21:30, the Defendant administered phiphones in a way that puts the volume of philophones into a glass disease and inhales smoke by heating philophones.
C. On June 21, 2020, at around 13:10, the Defendant: (a) carried 0.62ghon in front of Daegu Seo-gu, by dividing it into two plastic bags; and (b) carried it in a way of keeping it in a cigarette.
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 sojourn period.
Nevertheless, the Defendant entered the Republic of Korea with the visa exemption (B-1) status on April 16, 2017, and stayed in the Republic of Korea beyond the scope of the period of stay after July 15, 2017, which was the expiration date of the period of stay, until June 20, 2020.
Summary of Evidence
1. Records of seizure, list of immigration offenders, accusation and report on internal investigation requested by the accused on his/her statutory statement;
1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);
1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of sojourn beyond the scope of sojourn period), Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and the choice of imprisonment with prison labor, each of which is applicable to the 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 Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The order of provisional payment;