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(영문) 광주지방법원 2018.07.19 2018고단2246
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. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) as follows, which is a local mental medicine.

A. On March 19, 2018, the Defendant: (a) decided to pay KRW 3.350,000 to D from the side of C 203, on March 19, 2018; (b) decided to pay KRW 2,00,000 to D; (c) decided to 2,000,000,000 from D; and (d) purchased and sold a phiphone by remitting the balance of KRW 1,350,000 to the account under the name of E on the following day.

B. On April 6, 2018, at around 04:00, the Defendant decided to pay KRW 6.50,000 to D in front of G cafeteriaF, and sold 50,000 among them, 50,000 won was dryed from D, and 1.50,000 won was transferred to the account in the name of D following the day.

(c)

피고인은 2018. 4. 6. 05:00 경 울산 울주군 H 1 층에 있는 피고인의 주거지에서 불상량의 필로폰을 투약기구( 일명 ‘ 그라 뻥’ )에 올려놓고 라이터로 밑을 가열하여 발생한 연기를 들이마시는 방법으로 필로폰을 투약하였다.

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 January 11, 2015, and stayed in the Republic of Korea until April 11, 2015, notwithstanding the fact that he/she could reside in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Accusation of an immigration offender;

1. Investigation report (report on the market price of narcotics and calculation of additional collection charges);

1. Seizure records;

1. Application of individual immigration status and statutes on foreign information in short-term stay;

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Fact-finding and Selection of Punishment (each phiphone trading, respectively);

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