마약류관리에관한법률위반(향정)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles that the Defendant imported the philophones, but the quantity of the philophones imported by the Defendant is 25g. Of them, the quantity of the philophones possessed or provided by the Defendant among them is 9.68g (i.e., the quantity of the philophones administered by the Defendant to 1.5g (i.e., the quantity of the philophones administered by the Defendant to 8.15g) and the remainder was distributed by all the Defendant B. Nevertheless, the lower court determined that the 20g amount of the philophones imported by the Defendant was 40g, and calculated the amount additionally collected by the Defendant on the premise that the Defendant was distributed 20g. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles were introduced to Defendant A, “C”, and remitted KRW 900,000 to Defendant A the purchase amount of philopon. However, the Defendant did not send KRW 1 million to the wind that he continued to commit an undertaking, and the Defendant did not send the Defendant an additional remittance of KRW 1,00,000,000,000 to C, and the contact was discontinued. The Defendant also expressed to Defendant A that “I would not cancel the flight ticket and return to the match.” The Defendant left the public contest with the Defendant.” Nevertheless, the lower court found the Defendant that the Defendant imported the philopon in collusion with the Defendant, thereby finding the Defendant guilty of this part of the facts charged, and calculated the additionally collected amount against the Defendant on this premise. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Determination of the misunderstanding of facts and misapprehension of legal principles by the Defendants is made on the penphone imported by the Defendants.