마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
4.5 million won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. According to C’s request, the Defendant: (a) knew that the Defendant was a drug similar to Abagra; (b) had the Kenya, MDMA and phiphonephones into Korea; and (c) did not have any intention to smuggling, MDMA and phiphones that the said product had been sealed in the Kenya, MDMA and phiphones; and (d) had no intention to smuggling, sell, or receive the said product.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.
B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.
2. An ex officio determination prosecutor filed an application for amendments to an amendment to an indictment with regard to the importation of smuggling on April 19, 2019, among the facts charged in the instant case, from the date of the trial, to the Kenya and MDMA smuggling, and the same day-to-day transaction of phiphonephones was changed to the Kenya and MDMA trading, and the subject of the judgment was changed by this court’s permission. Thus, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows, without examining the defendant's grounds for ex officio reversal.
[Grounds for the judgment of multiple times] Criminal Defendant is not a narcotics handler.
1. On April 17, 2019, the Kenya and MMA smuggling Defendant departed from Vietnam on and around April 19, 2019. On April 19, 2019, around 09:00, around 09:00, the Defendant 10% of the length of packing Kenya and MDMA (one xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer xer m, and imported it into Korea and imported it on the same day.
Accordingly, the Defendant imported psychotropic drugs in collusion with C.
2. The Defendant for the Kenya and MMA trading shall be Incheon around 15:00 on April 19, 2019.