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(영문) 서울고등법원 2020.08.13 2020노876

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant: (a) heard from B, etc., that he was aware of the fact that he had a drug, toys, and gift in Korea and sent them to Korea; and (b) did not know of whether he had a philophones in the bank; and (c) there was no intention to import the philophones.

B. The sentence of imprisonment (five years of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On December 28, 2019, the Defendant, through the Malaysia’s advertising, received a proposal from a person who was named in the instant coffee shop (hereinafter “B”; hereinafter) of a psychotropic drug, to offer money to transport a bank, which is a psychotropic drug, from a person who was named in the instant coffee shop (hereinafter “so-called “so-called “so-called “pro-opopon”).

Accordingly, B delivered Malaysia to the defendant from Malaysia, and the defendant conspireds to take the role of delivering Malaysia to the non-scopon who is directed by B after transporting Malaysia to the Republic of Korea.

On December 30, 2019, the Defendant: (a) delivered a bank containing KRW 8,40,000 in Korea and approximately KRW 1,903.03 g of opon from the French seller sent by Malaysia Cuba Maz on December 30, 2019; (b) deposited a bank with Macroudio Puda International Airport Co., Ltd. on December 30, 2019 (on-site hours) at KRW 23:25 (on-site hours) with a baggage; and (c) deposited a bank carrying a copon with a baggage on December 31, 2019, the Defendant arrived at the 1 passenger terminal of Incheon International Airport No. 1 on December 31, 2019.

Accordingly, the Defendant imported Malaysia from Malaysia to Korea in collusion with B, etc.

B. The lower court also asserted the same as the grounds for appeal of this case.

In full view of the following circumstances, the lower court determined that the Defendant brought into the Republic of Korea.