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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Act on the Control of Narcotics, etc. (flag) in the judgment of the court below among the misconception of facts, there was no fact that the defendant, in collusion with J, received approximately 130 g of Melopon ( a single philopon; hereinafter “philopon”) and approximately 50 g of Melopon on May 2009 from K, in collusion with K, and around 130 g of Melopon (a single philopon; hereinafter “Melopon”), the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.
B. In light of the fact that the Defendant led to the confession and reflect of most of the criminal facts of this case, the Defendant and his family members, who have difficulty in supporting the Defendant for a four-year designated period, the mother who has a disability in supporting the Defendant, the Defendant is continuously receiving medical treatment for a short term, and the Defendant actively cooperates in the investigation, etc., the sentence imposed by the lower court is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the lower court and this court, the following circumstances can be acknowledged in regard to the Defendant’s assertion of mistake of facts.
(A) On May 28, 2010, K's statement 1) In the prosecutor's investigation of S, etc. on the case of violation of the Act on the Control of Narcotics, etc. (fence), K received a reply from S, who is a major grandchild in the narcotics world, to ask for the identification of another penphone trading line and to make it possible to purchase a penphone from S through T, and after receiving a request for the identification of the other penphone trading line, K has notified S of this fact and purchased a penphone from S to the Chinese government, and then requested S to deliver the penphone to V (hereinafter referred to as "W").
On May 3, 2009, he/she has left China and has been running from May 4, 2009 to China at the Gelim Dog-si of China around May 22, 2009.