logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.07 2015노852
마약류관리에관한법률위반(마약)등
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for four years.

The number of seized articles 1 to 7, 10, 11, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant did not invite any person to be sealed with G, H, I, and Croca, the Defendant reported otherwise, and the Defendant conspiredd with them to smuggling.

In this judgment of the first instance court, there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

2) The punishment sentenced by the first instance court (a prison term of six years, confiscation, collection) is too unreasonable.

(b)the sentence imposed by the first instance court of the Prosecutor is too unhued and unreasonable;

2. Determination

A. Determination on the Defendant’s assertion of misunderstanding of facts

around October 2013, the Defendant, while residing in New York on the road in Gangnam-gu Seoul, intended to import and sell G and H, etc., living in Korea, into the Republic of Korea. G planned and directed the commission of the crime as a whole, and H, together with I included in the transport volume, sent C and C and the Defendant, who are the sales volume. The Defendant sold C and C and the Defendant sold in the Republic of Korea the closely imported C and transported C and I received money.

H around 19:00 on October 29, 2013, at the time of receipt of G’s instructions from the “J” hotel located in California LA, California, the name of which he received from the male male in the same solar world, approximately 1.18 km, and had been in the same hotel.

At the same time with I subdivided cocar into four vinyls, and concealed it on the 20th, 200 square meters, and then put it into I's travel bags.

H On October 30, 2013, around 23:55, 2013, H and I boarded from the LA Airport located in California, California to the Republic of Korea to the Republic of Korea respectively, and disguised as if they were not travelling. On November 1, 2013, H and I arrived at the Incheon International Airport located in Jung-gu Incheon, Jung-gu, Incheon.

Accordingly, the Defendant, in collusion with G, H, I, etc., imported 1.18km.

arrow