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(영문) 광주지방법원 2017.08.10 2017고단2270
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

1,870,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On May 2016, the Defendant, along with C, conspiredd with D to receive 5% of the shares of the new scamtoptoptoptoptoptoptoptop toptoptoptoptoptoptoptoptoptoptoptoptop to be continuously provided by D, and C to receive 10% of the shares of the new sctoptoptoptoptop toptop toptoptop toptoptop toptoptop toptoptop

1. On May 2016, the Defendant conspiredd with C to deliver approximately 0.7 gramphones to D and provided 0.7 gramphones at the F coffee shop located in Hacheon-si, Habcheon-si.

2. On September 7, 2016, at around 10:45, the Defendant: (a) was parked in the vicinity of the site of the electric house located in Goung-gun G, Goung-gun; (b) in collusion with C, with C, in collusion with C, received KRW 1.5 million from D to contact the Defendant; and (c) purchased approximately 1.47 gramphones with D to contact D.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Investigation report (explosion of the mutual currencies between a suspect and D, file of a suspect's cell phone calls, and file of a suspect's cell phone calls), and each telephone call details;

1. Report on investigation (verification of vehicles using a suspect) and notification of the results of cooperation in investigation;

1. A criminal investigation report (verification of a suspect's personal information of H due to his/her sexual incompetence);

1. Application of Acts and subordinate statutes, such as investigation reports (Attachment of a copy of records), reports on training of and reaction to prosecutor with small and medium devices, each seizure protocol, response to each request for appraisal, each appraisal report, and each photographic application

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [the details of the calculation of the additional collection] 3.70,000 won (the market price of 0.7g philophones offered for a crime: The price of 1.47g philophones) = 1870,000 won;

1. The order of provisional payment;

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