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(영문) 광주지방법원 2018.12.20 2018고단4616
마약류관리에관한법률위반(향정)등
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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

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

1. Violation of the Narcotics Control Act;

A. On March 2018, the Defendant purchased 10,000 won and 100,000 won from the D Age Club VIP room located in Gwangju Mine-gu, Gwangju, to E, and purchased philophones.

2) The Defendant collected a single name “F” and KRW 50,000, and decided to purchase a penphone from E.

On April 2018, the Defendant purchased 100,000 won from the Dnart club located in Gwangju Mine-gu, Gwangju, with a total of 100,000 won and a total of philophones.

B. On February 2, 2018, the Defendant: (a) administered philophonephones in the Dondong VIP room located in the Gwangju Mine-gu, Gwangju; (b) opened the philophones in the Dondong-gu, Gwangju; and (c) opened the philophones on the string place along with a single name “F”; and (d) opened the bottom thereof in the string method using the string.

2) On March 2018, the Defendant administered chophones by the aforementioned method, along with E, at the Dial clubs VIP room located in Gwangju Mine-gu, Gwangju.

3) On April 2018, the Defendant administered a penphone in the foregoing manner, along with the name “F”, from a toilet located in the Dial Club in Gwangju Mine-gu, Gwangju.

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 Thailand’s nationality, entered the Republic of Korea as a visa exemption (B1) on February 7, 2016, and stayed in the Republic of Korea until May 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect with respect to E or G;

1. Statement made by the police for E;

1. Accusation of an immigration offender;

1. Seizure records;

1. Response to a request for appraisal;

1. Individual entry or departure.

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