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(영문) 서울고등법원 2018.07.26 2018노1242

마약류관리에관한법률위반(향정)등

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor 1), the fact that the consignee of the international peculiar transmission of this case is the defendant can be fully recognized, such as the consignee of the international peculiar transmission of this case is the defendant.

Nevertheless, the lower court found the Defendant guilty of the charges concerning the Defendant’s act of importing phiphonephones.

2) The sentence sentenced by the lower court to the Defendant (two million won in penalty) is excessively unhutiled and unfair.

B. The above sentence imposed by the lower court against the Defendant is too unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged (the point of importation of philophones) is as follows: (a) if the name influence (one name D) residing in Vietnam sent philophones to Korea from Vietnam, the Defendant is willing to receive it; (b) around November 20, 2017, the Defendant informed the name influence of the address where the philophones are to be delivered; (c) the name influence was put about 2.81g of philophones into transparent philophones; and (d) the number of the indictment was stated as “J”, but this appears to be a clerical error in “E” (see evidence records); and (d) the name influence (B/LE) stated “A” and the purpose of “AFDNGNGGGGGGGGGGGGGGGGGYYYYYYYY REYYY REYYYY REE REE REEYYYY.

After November 21, 2017, when the 10:00 on the 10:00 on the 10:0 on the 201st day of the 2017, the 10th day of the 201st day of the 201st day of the 201st day of the 21:30 on the 1st day of the 21:30 on the 1st day of the 201st day of the 1st day of the 20

Accordingly, the defendant imported approximately 2.81g of philophones in collusion with a nameless person.

B. The lower court’s judgment, based on the following reasons, proved without a reasonable doubt that the Defendant imported philophones by itself with the evidence submitted by the prosecutor.

see. ..