마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. As to Defendant B’s violation of the Act on the Control of Narcotics, Etc. (fence) due to the misunderstanding of facts and the misapprehension of the legal principles, Defendant B may bear the responsibility for a crime as an aiding and abetting offender, and Defendant B cannot be deemed as a co-principal on the ground that there is no fact that Defendant B conspireded or participated in the crime of smuggling import with Defendant A, C, and the same does not constitute a co-principal.
In addition, as to the violation of the Act on the Control of Narcotics, etc. (fence) due to the use of philophones on November 28, 2018, this is limited to the sole criminal conduct of Defendant A, and there is no fact that Defendant B conspired with Defendant A, and thus Defendant B does not constitute joint criminal conduct.
Nevertheless, the court below recognized that Defendant B committed each of the above crimes as a co-principal, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s punishment (two years of imprisonment, confiscation, additional collection, and provisional payment order) against the Defendants on the assertion of unfair sentencing by the Defendants is excessively unreasonable.
2. Judgment on the misconception of facts and misapprehension of legal principles by Defendant B
A. On October 21, 2018, the Defendants and C, from around September 2018, live together with Dtel E in Incheon Michuhol-gu, from around September 2018, in violation of the Act on the Control of Narcotics, Etc. (fence) due to smuggling, etc., the Defendants and C had the Defendants distributed the following methods: (a) using F and G, to sell phiphones, etc. to many domestic buyers and to divide profits from selling phiphones, etc.; and (b) the Defendants distributed them by packaging phiphones, etc. in small quantities to the extent that they sell phiphones, etc., and by having the purchasers search them.
Defendants and C, around October 2018, in order to secure additional narcotics to be distributed in the Republic of Korea, are written phonephones, Kenyas, and Xers from the sales of narcotics in which they reside in Vietnam.