마약류관리에관한법률위반(향정)등
1. The part of the judgment below against Defendant B and the part against Defendant A (including the part not guilty in the grounds of appeal).
1. Summary of grounds for appeal;
A. Defendant B 1 did not have administered philophones. The occurrence of a training reaction in the Defendant’s urine and the appraisal result of the Defendant’s urine test is due to the inhalement of smoke that occurred in the process of manufacturing philophones. Nevertheless, the lower court found the Defendant guilty of the philophone medication by misunderstanding the fact. (2) The sentence (one2 years of imprisonment, confiscation, and collection) sentenced by the lower court of unreasonable sentencing is too unreasonable.
B. As to Defendant A1’s misunderstanding of facts and aiding and abetting the manufacture of philophonephones, the Defendant is a person who has not obtained a name (one name “G,” and “person who has not obtained a name”) in China.
(B) only purchased the goods to B upon the request of the Party, and did not know that B used the goods to manufacture a penphone. With respect to the importation of the X-mail, M (hereinafter referred to as “M”).
) Although there was a fact that an X-mail was received through an international express mail, the said mail was mistakenly known to the person who sent M at the time of receipt of the said mail, there was no fact that the X-mail was imported in collusion with M and D. 2) The sentence of imprisonment (eight years of imprisonment, confiscation, and additional collection) imposed by the lower court on the Defendant is too unreasonable.
C. As to Defendant D1’s erroneous determination and misapprehension of legal principles regarding the importation of X posters, it was found that A was aware of the receipt of X posters from M in the last time, and there was no fact of importing X posters in collusion with A. As to the possession of X posters, it is merely that A used X posters in the Defendant’s house for three to four days unlike the facts charged, but it was not a legal custody. 2) The sentence (five years of imprisonment, and additional collection) imposed by the lower court of unfair sentencing on the Defendant is too unreasonable.
B. The public prosecutor (defendant A) and the defendant A of mistake of facts.