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All judgment of the court below shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten years and by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. The lower court found Defendant A (hereinafter “Defendant A”) guilty of the facts charged on the ground that the Defendant conspired with AV on July 18, 2015, and did not import it on July 18, 2015.
(2) The punishment of KRW 1,2 in each of the first and second instances of sentencing (one-year imprisonment with prison labor of KRW 10, confiscation and collection, and three-year imprisonment with prison labor of KRW 2) is excessively unreasonable compared to the extent of the Defendant’s responsibility.
B. The punishment sentenced to the first instance judgment on Defendant B (hereinafter “Defendant B”)’s assertion (a punishment of imprisonment with prison labor for two years, confiscation, and collection) is excessively unreasonable compared to the degree of the Defendant’s responsibility.
(c)
The prosecutor's assertion that Defendant B had been transported three times is included in the facts charged of receipt or possession.
Although there is room to see, the lower court found the Defendant not guilty of this part of the facts charged by misapprehending the legal doctrine or misapprehending the legal doctrine.
2. As to the Defendant A’s assertion of mistake of facts in the second instance court, the second instance court rejected the Defendant’s assertion and found the Defendant guilty of this part of the charges on the following circumstances: (a) Defendant A was imported in a state of being concealed in the middle line, which is, by the evidence duly adopted and investigated by the second instance court and the first instance court; and (b) Defendant A was imported in a state of being concealed in the middle line, which should be described in this part of the charges; (c) Defendant A was the same as the veterinary law that was imported before it was imported in the middle line of the second instance; and (d) Nonparty A entered the name of “BE” in an investigative agency in a very concrete manner as “AV”.
BE is a factory in Kimpo.