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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Although the Defendant is not a narcotics handler, the Defendant was aware of the violation of the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc. at the studio of D residing in Hysung C around February 4, 2017, even though he/she was not a narcotics handler.
D After receiving a proposal from D to d to d smoking synthetic marijuana, which is a new type of narcotics, etc. called 's sph-018', called 's sphthy', D d to d to d to d to d to d to d to cover the sph-018 above sphers sphere and cover the sphere on the sphere, cover the sphere on the sphere, cover the sphere on the sphere, and smokes that occur with the sphere,
However, Switzerland delivered by D was an inorganic material whose ingredients have not been verified.
As a result, the Defendant recognized drugs or other goods as narcotics for the purpose of committing narcotics crimes.
2. On December 24, 2014, the Defendant violated the Immigration Control Act, having entered the Republic of Korea around December 22, 2015, with a short-term visit (C3) sojourn status as a foreigner of key Switzerland’s nationality, and stayed without departure from the Republic of Korea on February 22, 2015, the expiration date of his/her stay.
Summary of Evidence
1. Partial statement of the defendant;
1. The part concerning the statement D in the second examination protocol of the suspect interrogation protocol against the defendant
1. Investigation report (collection of urine and maternity evidence, test of urine simple vision), and written appraisal;
1. A written accusation, written opinion, examination decision, and short-term sojourn record of an immigration offender;
1. Application of the Acts and subordinate statutes governing the classification of anti-psychotropic drugs;
1. Relevant legal provisions of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc., Article 9 (2) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc., Article 94 subparagraph 7 of Article 94 and Article 17 (1) of the Immigration Control Act (the point of stay after the expiration of the period of stay), and the choice of imprisonment for each sentence
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 Code of the Suspension of Execution (the first offender who has no record of criminal punishment in the Republic of Korea) (the head of home country is desiring to return to the Republic of Korea).