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(영문) 광주지방법원 2018.05.03 2018고단820
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) as follows, which is a local mental medicine.

A. On June 25, 2017, around 18:06, the Defendant: (a) purchased and sold philophones by using a mixture of philophones, carpphones, etc. (i.e., one “welb”; hereinafter “Ilb”) instead of KRW 50,000, which was not leased to E (F) from D 219 located in Jung-gu, Jung-gu, Si, Jung-gu, 201.

B. On June 25, 2017, the Defendant: (a) purchased and sold h 705 of H 705 located in G in Jung-gu, Jung-gu; (b) received KRW 70,000 from I (so called “J”); and (c) purchased and sold h phiphones for one reason.

(c)

On July 29, 2017, the Defendant: (a) around 02:40, at the Cheongju-si Office K 105, sent L with KRW 3.50,000,00 and traded philophones.

(d)

On July 29, 2017, around 05:50, around 05:50 on July 29, 2017, the Defendant purchased and sold philophones by receiving KRW 3.50,000 from “M” in the vicinity of the same place.

2. No foreigner violating the Immigration Control Act shall continue to sojourn in excess of the period of sojourn without obtaining permission for extension of the period of sojourn;

On December 16, 2016, the Defendant entered the Republic of Korea as a foreigner of the nationality of Thailand, and continued to stay in excess of the period of sojourn even after the period of sojourn expires on March 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning examination of the police concerning L;

1. Accusation of an immigration offender;

1. A criminal investigation report (location of a suspect), investigation report [Attachment of a translation of "M" and N dialogue contents purchased from a suspect A], and a criminal investigation report (additional collection charge);

1. Application of the Acts and subordinate statutes of a translation into the current status of individual entry into and departure from Korea and N dialogue;

1. Article 60 (1) 2 of the Act on the Management of Narcotics, Etc., of which the relevant Article of the Act on Criminal Facts and the Selection of Punishment are applicable.

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