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(영문) 수원지방법원안산지원 2020.09.09 2020고단2933
마약류관리에관한법률위반(향정)등
Text

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

35,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. No foreigner who violates the Immigration Control Act shall sojourn beyond the scope of his/her status of sojourn or period of sojourn;

Nevertheless, on August 9, 2016, the Defendant entered the Republic of Korea as a non-professional employment sojourn status and stayed in the Republic of Korea without a valid status of sojourn until July 13, 2020, even though the period of sojourn expires on May 20, 2019.

2. Any person other than a person handling narcotics, etc. shall not administer psychotropic drugs, and the accused is not a person handling narcotics;

Nevertheless, on May 29, 2020 from around 20:00 to 21:00 of the same day, the Defendant administered baba in a manner that inhales psychotropic drugs by inserting 1 psychotropic drugs on the day of Aluminum aluminium, and inhales smokes emitted from Alumin by heating below Aluminus, at the dwelling of the Defendant, B and C, a psychotropic drug, (hereinafter “Alumin”).

Summary of Evidence

1. Application of Acts and subordinate statutes to a written accusation by the police on the defendant's legal statement D (tentative name), information on the foreigner's identity, investigation report on the status of entry or departure of each individual;

1. Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point where a person stays after the expiration of the period of stay), Articles 60 (1) 2 and 4 (1), and subparagraph 3 (b) (the point where a person works out of the country) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment, respectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, family relationship, motive, method, result, etc. during the period of suspension of the execution of a sentence after being sentenced to a suspended sentence of imprisonment for a purchase and medication as the reason for sentencing under the proviso to Article 67 of the Narcotics Control Act;

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