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(영문) 수원지방법원 2017.10.26 2017고합170
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Although the Defendant is not a handler of narcotics, he/she connects the Defendant’s office located in C around March 15, 2015 to “E” as an Internet site, and connects the Defendant’s office located in C around 14:30 on March 15, 2015, to the highest level of confluence that the Defendant’s “shsh” product may feel a strong maximum drinking effect and yellow sense.

“As a strong connotation effect, the above product was explained as “hyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn gyn g.

Warrant 2: (1) C 2 was delivered to the said office by the said office.

As a result, the Defendant recognized drugs or other goods as narcotics for the purpose of committing narcotics crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (including the process of commencement of the investigation and the reasons for the entry of the defendant), investigation report (the result of appraisal of "sh" purchased through a disguised transaction), investigation report (the attachment of a temporary notice on designation of narcotics), investigation report (the attachment of a temporary notice on designation of narcotics), investigation report (the attachment of a paper related to alkniart), investigation report (the calculation of additional collection charge) and investigation report;

1. Transfer details (29 pages of investigation records);

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Article 9 (2) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc., and Selection of a fine for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48(1)2 and (2) of the Criminal Act for additional collection [the basis for the calculation of additional collection amounts to KRW 220,000, and the basis for calculation: The value of 2 Byung "sh", which is the object acquired by the criminal act (the purchase price paid by the defendant)];

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion (1) The indictment of this case goes against the binding force of the Constitutional Court decision that the indictment of this case is revoked.

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