특정범죄가중처벌등에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.
1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, it is sufficient to recognize that the defendant had intention to import philophones. Therefore, the judgment of the court below which acquitted the defendant, is erroneous in the misunderstanding of facts and in the misapprehension
2. Determination
A. The summary of the facts charged is that the Defendant, who is not a narcotics handler, did not deal with the clophophones (one philophone, hereinafter “philophones”), a local mental medicine, but imported philophones as follows.
On May 12, 2017, around 08:20 on May 12, 2017, the Defendant boarded 20 ambling from the international port of Cheongdo-ro, China, Cheongdo-ro, in a state where 20 amblings, containing 75.61 g ambrophones, are placed in the Defendant’s official approval color back, and entered the Incheon International Airport of the Republic of Korea around 10:35 on the same day.
Accordingly, the defendant imported 22,683,00 won in Chinese market from China to 75.61g of penphones.
B. Determination 1) The lower court determined that: (a) if the Defendant was aware of the fact that the philophone was concealed on the scopon in the scopon, the Defendant did not visit a customs house at the risk of detection of the philophone in order to find tobacco several pieces; (b) the Defendant could have uneasyed by the fact that the philoopon was administered before entering the customs house, even if he had had his blood and blood in the presence of the customs staff; (c) the Defendant seized three cellphones in his possession; (d) no data related to the instant case were found in the cell phone; and (d) the possibility that the Defendant merely used the philoopon; and (e) it is not easy to see the external appearance alone in light of the packaging type of the scopon on the scopon.