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(영문) 광주지방법원 2018.06.21 2018고단1905
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meart clocks (one philopon; hereinafter “philopon”) which are a local mental medicine as follows:

1. On February 21, 2018, the Defendant purchased and sold philophones with 100,000 won in front of D in Gwangju Mine-gu C and with 100,000 won in philophones.

2. Medication of phiphones.

가. 피고인은 2018. 2. 21. 23:00 경 광주 광산구 C에 있는 D 기숙사에서 F, E과 함께 불상량의 필로폰을 투약기구인 그라 뻥에 올려놓고 라이터로 가열하여 생긴 연기를 빨아들이는 방법으로 필로폰을 투약하였다.

B. On February 22, 2018, at around 07:00, the Defendant administered phiphones in the Defendant’s home toilets located in G 206 of the Gwangju Mine-gu in the same manner as the above paragraph (a).

3. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period.

Although the Defendant, as a foreigner of the Thailand nationality, entered the Republic of Korea as a visa exemption (B1) on April 5, 2013, and was able to stay in the Republic of Korea until July 4, 2013, the Defendant stayed in the Republic of Korea until now.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made to H and I;

1. The current status of response to the request for appraisal and individual entry or departure;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a written accusation in violation of the Immigration Control Act), a criminal investigation report (additional imposition);

1. The relevant Article of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of transaction of philopon), Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) (the point of transaction of philopon) of the Act on the Management of Narcotics, etc., Article 60 subparag. 2, Article 4(1)1, Article 2 subparag. 3(b) (the point of transaction of philopon) of the Immigration Control Act, Articles 94 subparag. 7 and 17(1) (the point of sojourn in excess of the period of time) of the Immigration Control Act, and each decision of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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