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(영문) 전주지방법원 2016.03.17 2015고단1318
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

Criminal facts

As a matter of internal relationship with the Defendant, C send a traffic accident agreement amount to the children of C in order to raise money to seek the protection of the Defendant.

The author conspireds to send text messages to the intent to request.

On February 3, 2015, the Defendant: (a) around 16:49 around 16:5, and around 16:49, as contact point of the victim G (H), I (J), and K (L), the Defendant’s cell phone (F) with C’s child, “It is unclear that he was living in the crosswalk while driving at one’s own and on the other’s crosswalk, and that he was moving to the hospital, such as play.

It is an emergency operation, which must be agreed before death.

M. M.C. (A) M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. and M. M. M. M.

On the other hand, the Defendant sent the text message stating “in front of the operating room,” and continuously sent the Defendant’s mobile phone (N) the text message stating “on the part of the Defendant’s mobile phone with the phone with the phone board,” and the photograph taken by the Defendant and C together with the victim’s cell phone.

However, in fact C did not have caused a traffic accident, and sent C’s children with false text messages.

It is only intended to acquire the amount equivalent to the traffic accident agreement with the agricultural bank account of the defendant.

As seen above, the Defendant conspired with C to make a false statement to the victims, and attempted to acquire money from the victims, but the victims failed to comply with such intent and did not commit an attempted crime.

Summary of Evidence

1. A protocol of the statement of the police against the accused, and a protocol of interrogation of the suspect;

1. Statement made by the police against theO;

1. Application of Acts and subordinate statutes to a criminal investigation report (Listening to Preparatory Statements), internal investigation report (the part of a text message photograph (which shall not exceed 10 pages of evidence records);

1. Articles 352, 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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