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(영문) 서울고등법원 2020.01.30 2019노2306
마약류관리에관한법률위반(마약)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that a mistake of fact-finding defendant cited 10 soldiers who contain cocars and entered the Republic of Korea.

However, the defendant did not know that he was dilution and brought about to purchase the fruit, which is linked to the brush in Brazil, and that he was dilution. Therefore, the defendant did not have the intention to import the ccarin.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

B. The sentence of imprisonment (five years of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this case is that the Defendant is a Hong Kong resident with Chinese nationality and is not a narcotics handler.

On June 17, 2019, at around 01:25 (Local Time) 01:25, the Defendant: (a) packed ten 10 kys, a total of about 466.9g of narcotic cocars (hereinafter “instant kys”), into a plastic bag, sealed them into a bags for travel, and then boarded into B aircraft on June 18, 2019; (b) transferred from an international air port to a C aircraft on June 16:5, 2019, and arrived at a terminal of Incheon International Airport No. 1272 at the Jung-gu Incheon International Airport on June 16:55, 2019.

In this respect, the Defendant imported cocar from Brazil to Korea.

B. The Defendant and the defense counsel of the lower court also asserted the same as that of this part of the grounds for appeal.

As to this, the court below rejected the above argument and its decision in detail under the title of "the judgment on the defendant and his defense counsel's assertion".

The gist of this shall be as follows:

(1) On June 10, 2019, the Defendant entered the Republic of Korea from Hong Kong as the Republic of Korea, and

6.12.Before departure from the Incheon International Airport, via two (2) Fab.

6.13. have arrived at the upper wave:

6. 17.

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