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(영문) 울산지방법원 2021.02.04 2020고단5402
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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. A violation of the Act on the Control of Narcotics, Etc. (fluence) is not a person who handles narcotics, etc. with the nationality of the Thailand, and the Defendant is not a person who handles narcotics, etc., and thus is not a person who administers the climatic medicine (hereinafter “copon”; hereinafter “copon”).

A. On November 2020, the Defendant: (a) 22:00 on the first half of November 2020, the Defendant administered a scopon in a manner of inserting approximately 0.03g of scopon into the inhalers made of water with the scopon in the body of water and the scopon in the body of inhalers made of glass pipes; and (b) scoponing the scopon in the body of inhalers made of glass pipes.

B. On November 28, 2020, on November 28, 2020, the Defendant administered phiphonephones by inserting approximately 0.03g of philopon in the body of body, as soon as possible in the body of body, and in the smelting body made of glass pipes, from the male’s residence near the E elementary school located in racing-si, the Defendant administered philopon in a manner of inhaleing the smoke by inserting 0.03g of philopon in the body of body.

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.

Nevertheless, the Defendant entered the Republic of Korea as a visa exemption status (B-1) around December 14, 2017 and stayed in the Republic of Korea without a valid status of stay until December 1, 2020, despite the expiration of the period of stay on March 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on accusation of an expert witness, a protocol of seizure, a list of seizure and an immigration offender;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (which means the administration of phiphonephones), Articles 94 subparag. 7 and 17(1) (which means the occupation of sojourn beyond the scope of the period of sojourn) of the Immigration Control Act, and choice of imprisonment, respectively;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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