마약류관리에관한법률위반(향정)등
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
Each document submitted by a defendant after the deadline for submission of the grounds for appeal expires shall be considered only to the extent that it supplements the grounds for appeal.
misunderstanding of facts and misunderstanding of legal principles: Defendant [2018 Gohap208] The statement of Co-Defendant B of the court below that the Defendant attempted to import philopon from C, which is the supply of philopon, is difficult to believe as it is because it is not consistent with objective monetary records.
The defendant's 1.2 million won in cash that the defendant lent to F not only the purchase price of philophone sent to C, which is a philophone supply book, but also the money lent to F.
In light of this point, the defendant cannot be deemed to have conspiredd to commit the crime of importing phiphones with B.
In order to raise the result of investigation cooperation with the information on the crime of importing phiphones, it was contacted with C, which is the supply of Chinese phiphones, through F, and thereafter closely contacted with W by police officers of the Gangnam Police Station, and used the defendant as a tool for committing the crime of importing phiphones, which is an illegal naval investigation that is not allowed.
Even if the Defendant intended to import an impossible crime or an impossible attempt, it belongs to the so-called “public work” such as R, and thus, there was no possibility of actual importation of a philopon. Therefore, it constitutes an impossible crime that cannot be punished, and even if not, constitutes an impossible attempt.
[2018Gohap208] A statement made by F with the Defendant on January 24, 2018 and January 25, 2018 with regard to the administration of phiphones is difficult to believe that the content is not consistent in the timing and place of administration, frequency, and the Defendant’s voice response to philophones as a result of the drug examination on the Defendant’s urine and hair. In light of the fact that the Defendant’s administration of phiphones was proved without any reasonable doubt.