마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Although it was thought that there was an article prohibited from bringing in, such as B, in terms of misunderstanding of facts (Defendant B) that had been trying to bring in the Republic of Korea from China, it was not known that there was a philophone.
B. The lower court’s sentence (Defendant A: imprisonment with prison labor for 5 years; imprisonment for 3 years and confiscation for Defendant B; imprisonment for 2 years and 2 months and confiscation for Defendant C) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court on the assertion of mistake of facts (Defendant B (Defendant B) 1), the following facts are acknowledged. A) From around May 2010 to the time when the Defendant was arrested in the instant case, 35 times in total, 16 times in total, and 41 times in total during the same period from May 2010 to the time when the Defendant was arrested in the instant case.
At the request of A, the movement and small numbers of people who have been requested by A in China has been brought into Korea.
At first, in the international market of "K," which is located in the city of Maternity in China, with A and C, brought the gratization brought by A from October 201 to the Republic of Korea.
In the case of a sports composition, A has not been able to carry the sports of the turn on the three-day emergency parking line on his own and C's travel bags, but he did not carry the gratization when entering the Republic of Korea.
B. The Defendant and C, in most cases, left China separately from A, and entered China into the Kimhae Airport at the same time.
The Defendant and C purchased a flight ticket to allow a person to get a seat away from each other while entering the Republic of Korea together with A, and if A is absent from the place of entry, the Defendant and C are found to have been separately entrusted with the goods, and then received the amount of the charge from the Defendant and C:
C does not leave the Republic of Korea at the first interrogation of suspect.