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(영문) 수원지방법원안산지원 2020.09.16 2020고단3189
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics as a foreigner of the nationality of the Thailand.

1. No person who violates the Act on the Control of Narcotics, etc. (flavoking) shall administer any psychotropic drug-related psychotropic drug-related clopon (a single copon; hereinafter “copon”).

Nevertheless, on February 26, 2020 or on February 27, 2020, the Defendant administered philopon in a way of cutting the volume of philopon into a glass pipe at the place of residence of a person with a name in the area where the studio B is densely concentrated at Silung-si, Silung-si, and then cutting the volume of philopon into a glass pipe, as soon as possible connected to the glass pipe.

2. Any foreigner who violates 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 through Incheon Airport as the status of stay for visa exemption (B-1) around July 10, 2019 and stayed in the Republic of Korea until July 31, 2020, despite the expiration of the period of stay on October 8, 2019.

Summary of Evidence

1. Short-term foreigner information, accusation and investigation report (calculated additionally) on immigration offenders, application of Acts and subordinate statutes concerning the monthly trend of narcotics, etc. to the defendant's legal statement, inquiry request (including written expert testimony) for appraisal

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Regulation of Relevant Acts concerning the Crime, the Selection of Narcotics, Etc., Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act (the point of sojourn after the expiration of the period of stay), the selection of imprisonment

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that narcotics crimes are highly addicted and are highly harmful to society, such as high risk of recidivism. Therefore, it is necessary to strictly punish them.

(b).

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