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(영문) 광주지방법원 2018.09.06 2018고단3072
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

1. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant treated the mixtures (i.e., a single-name clickphone) and a carpet, etc. (i.e., a single-name clickphone; hereinafter “Pab”) as follows.

A. On July 30, 2017, the Defendant purchased and sold 80,000 won to E (i.e., “F”) on the street in front of the D parking lot located in Jeong-Eup, Jung-gu, Seoul, and (ii) purchased and sold 1.

B. Around July 30, 2017, the Defendant administered the medication in a manner that makes it difficult for the Defendant to take the me into consideration the fact on July 30, 2017, together with the name “G” as set forth in D 508 located in Jeong-Eup Si, Jung-si, and that the delay occurred by heating the lower part of the medication with the rater.

2. 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.

The Defendant, as a foreigner of the nationality of Thailand, entered the Republic of Korea as a visa exemption (B1) on July 23, 2014, and stayed in the Republic of Korea until October 21, 2014, although he/she was able to stay in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Accusation of an immigration offender;

1. Seizure records;

1. Status of individual entry or departure;

1. The details of each currency;

1. Application of Acts and subordinate statutes to a report on investigation (on the night market price report);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Selection and Control of Narcotics, Etc. (the point of trade of local mental drugs), Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) (the point of trade of narcotics), Article 2 subparagraph 3 (b) of the Narcotics Control Act, 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 sojourn), and each decision of imprisonment;

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 Act on the suspended execution;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The order of provisional payment;

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