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(영문) 수원지방법원 안산지원 2019.05.31 2019고단1469
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 narcotics handler.

On April 14, 2019, at around 09:00, the Defendant administered c in a manner that puts the volume of philophones into the glass pipe along with D, and inhales smokes generated by heating them into the Rater.

2. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and sojourn period, and shall not sojourn in Korea in violation of this Act.

Nevertheless, the Defendant stayed in the Republic of Korea beyond the period of sojourn even after the period of sojourn expires on November 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of a person who violates the Immigration Control Act;

1. A report on the results of the preliminary experiment on narcotics and a report on investigation (a reply to a report on narcotics appraisal);

1. Records of seizure and the list of seizure;

1. To close down the suspect under short-term stay information sources;

1. Application of Acts and subordinate statutes reporting market prices related to additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of sojourn in violation 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. The proviso to Article 67 of the Narcotics Control Act;

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The narcotics crimes in this case are highly likely to repeat a crime, and require strict punishment as crimes with great social harm: The recognition of and reflects on crimes, the fact that there is no record of criminal punishment in the Republic of Korea, and the defendant's age, character and conduct, environment, family relationship, motive and circumstance of crimes, and circumstances after crimes, etc., shall be determined as ordered by taking into account various factors of sentencing in the course of trial and records.

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