Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for two years.
except that from the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant could fully recognize the fact that he conspired with the person who was not aware of his name, the judgment of the court below which acquitted him of this part of the facts charged is erroneous in the misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of a suspended execution, 80 hours of community service, confiscation, and collection 3,00 won) is too uneased and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged is that the Defendant: (a) imported marijuana into the Republic of Korea in the U.S.; and (b) conspired to sell it through the Plaintiff’s website, etc., the Korean largest marijuana sales multilateral web.
In accordance with the above public offering, around May 2019, the name weakist entered marijuana 415 g (hereinafter “the instant marijuana”) in 16 plastic bags in the United States and concealed two shampers in 8 shampers and mars. Around May 2019, he/she sent the said international mail to the Republic of Korea using international mail after stating “E, SEOCHO GU, SEUL, KORE, F community service center’s home delivery box,” and “G,” and then sent the said international mail to H around May 21, 2019. The Defendant sought to receive the instant mail from the Seocho-gu Seoul, Seoul, the purpose of which is several:20 on June 4, 2019, through the delivery of the said international mail (hereinafter “instant mails”).
Accordingly, the defendant, in collusion with the person who was not injured in his name, imported approximately 415g of hemp to the Republic of Korea for profit.
B. The lower court determined: (a) on June 4, 2019, the Defendant: (b) in surveillance of the receipt of the instant postal items by the employees of the delivery company around the instant door-to-door box; (c) was arrested and detained; and (d) in the process of arrest, the Defendant showed a strush resistance to the prosecution investigators; and (b) the Defendant sent the instant postal items from the U.S. door-to-door franchise to the Republic of Korea.