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(영문) 대전지방법원 천안지원 2021.01.19 2020고단3148
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The Defendant is not a narcotics handler.

A. On November 11, 2020, the Defendant purchased and sold a philopon by purchasing 200,000 won of the Melopon Melopty Melopty (hereinafter “Melopon”), which is a local mental medicine, to the Melopty Melopty (hereinafter “D”) in the north-gu B market near Seo-gu, Seocheon-gu, Seoul, and through “C”, to the Melopty who was aware of the Melopty.

B. At around 13:00 on November 11, 2020, the Defendant: (a) operated a car in the E Spact; (b) opened the vehicle on the side in the Do moving from the Sung-gu, Seo-gu, Seoan to the Eup located in Asan-si, Seoan-si; (c) opened the vehicle on the side; (d) put the phiphone purchased as referred to in paragraph (a) into the glass pipe and put water into the connected water pipe; and (e) injected the hydrophone from the glass pipe to the water pipe; and (e) injected the hydrophone.

(c)

On November 12, 2020, the Defendant, at around 00:40, kept approximately KRW 0.99g of the remaining phiphonephones purchased from the Defendant’s portable cell phone in the office of the office of the Yanananananbuk-gu Police Station in 705, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2020, and stored approximately KRW 0.99g of the phiphones purchased as described in the above A.

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.

On April 21, 2015, the Defendant, as an Thailand, entered the Republic of Korea as a visa (E-9-1) with a non-professional employment visa for manufacturing business around April 21, 2015, and was on February 21, 2020. However, in violation of this, the Defendant continued to stay in the Republic of Korea even thereafter.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and lists of seizure and report on investigation (in cases of attaching, etc. photographs of search);

1. A written test report, an investigation report (the results, etc. of a simple trial report), and a criminal investigation report (a document attached to a state and a water survey report);

1. Report of investigation (verification of records on expiration of suspect stay);

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of additional collection);

1. Article 60 of the Act on the Private Participation and Management of Narcotics, etc. concerning criminal facts and the selective punishment;

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