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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is not a narcotics handler.
A. On April 201, 2020, the Defendant: (a) on the top of the Hamk-si, Hamk-si, Hamk-si, Hamk-si, Memopon, Memopon, Memopon, Memopon (hereinafter “Memopon,” hereinafter “Memopon”); and (b) sold Memopon, 1g of approximately 600,000 from D.
B. On November 20, 2020, the Defendant: (a) around 17:00 on the racing, at the residence of the Defendant E and F, opened the number of opphones to the glass pipe; and (b) opened the number of opphones to the glass pipe, and administered them by a method of promptly using the ropter.
2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of the status and period of sojourn.
On November 10, 2017, the Defendant entered the status of stay of 90 days for visa exemption (B1) and stayed in the Gyeongbuk-si, etc. on February 8, 2018, and stayed in the Republic of Korea beyond the scope of the period of sojourn for foreigners until now, even though the period of sojourn has expired.
Summary of Evidence
1. Statement by the defendant in court;
1. C or D each police interrogation protocol, each police suspect interrogation protocol, each prosecutor's statement protocol, reply to a request for appraisal, expert opinion, investigation report (verification of illegal stay of a suspect), personal immigration status, investigation report (determination of illegal stay of a suspect), application of Acts and subordinate statutes concerning violations of the Immigration Control Act and subordinate statutes;
1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and the Selection of Imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;
2. The sentencing guidelines shall be recommended; and