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(영문) 청주지방법원 2019.02.13 2019고단8
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is not a person handling narcotics, etc., who violates the Act on the Control of Narcotics, etc. (fence).

On March 11, 2018, the Defendant administered a c dormitory located in Chungcheongnam-gun B, Chungcheongnam-do, in a way that makes it possible for the Defendant to raise 1 fabs containing psychotropic drugs Mete and E (not later than November 22, 2018, respectively) (hereinafter referred to as “Yabs”), which were purchased by psychotropic drugs Mete and E (not later than November 22, 2018), on a babsing ground, and administers a babs by heating the bottom thereof.

2. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn.

On September 22, 2017, the Defendant entered the Republic of Korea as a qualification for visa exemption (B1), and stayed in the Republic of Korea on December 21, 2017 without departure despite the expiration of the period of sojourn.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect suspect regarding E and D by the prosecution;

1. Each prosecutor's statement concerning E and D;

1. A copy of the police statement concerning F;

1. The entry into and departure from the Republic of Korea (A) and passport copies;

1. Application of the statutes on response to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. concerning Criminal facts; Articles 94 subparagraph 7 and 17 (1) of the Immigration Control Act; the choice of imprisonment with prison labor for an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: The conditions that are favorable to the poor quality of the offense are deemed to be against the person’s mistake, the primary offender, the Defendant’s administration of the drugs must be determined by the order, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions before and after the crime; and

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