마약류관리에관한법률위반(향정)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
1. On January 2012, the lower court found the Defendant not guilty of the violation of the Act on the Control of Narcotics, Etc. due to the ice Import on or around January 2012. Of the facts charged, only the Defendant filed an appeal against the conviction among the lower judgment, and the Prosecutor did not file an appeal against the acquitted portion, and thus excluded the acquitted portion from the judgment of the lower court, as it is separate and confirmed, depending on the fact that the prosecutor did not file an appeal against the acquitted portion.
2. Summary of reasons for appeal;
A. Although the Defendant did not act in collusion with C to commit a crime of spamspion, the lower court found the Defendant guilty of committing a crime of spamspion twice by misunderstanding the facts.
B. The punishment sentenced by the lower court (five years of imprisonment, confiscation, and collection) is excessively unreasonable compared to the extent of the Defendant’s responsibility.
3. Judgment on the assertion of mistake of facts
A. The summary of the facts charged (1) of this part of the facts charged was delivered on November 201, 201 to the Police Officers (hereinafter the lower court 2012 Gohap 1196), in collusion with the Defendant-friendly C (C; hereinafter the “C”), and on November 201, 300, C sent the HaW-210 of similar articles JWH-210, JWH-122 (hereinafter the “Sph Emph Emphs”), JW-122 (hereinafter the “Sphm Emph”). The Defendant and C divided it into four parts of No. Ro Ro Ro Ro Ro Ro Ha Ha Ha Ha Ha Ha, who was ordered by the Defendant at the Ro Ro Dok Dok, to deliver it to the international post office, and then deliver it to the international mail, and then deliver it to the Incheon 4th international mail.
(2) On December 14, 2011, the Defendant, in collusion with C, ordered the F apartment 102, 102, 201, No. 21.6, 201, F apartment 101 (645g), and the international special class mail concealed the Switzerland reached the Incheon International Public Port around December 19, 201, thereby having sealed the Switzerland approximately 21.6 temperature.
B. The defendant's objection at the court below.