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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant sent to E without knowing that he was psychotropic drugs. The Defendant’s act was erroneous that his act was not a crime under the laws and regulations, and there are justifiable grounds for misunderstanding of that act. Thus, the Defendant’s act cannot be punished under Article 16 of the Criminal Act. 2) The Defendant’s act of driving away from the pain suffered in the course of navigation cancer treatment, and the transfer amount was delivered to E, and thus, the Defendant’s act constitutes a justifiable act that does not violate the social rules.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In a case where punishment is not imposed under Article 16 of the Criminal Act, it does not mean a simple site of law, but it means that an act which constitutes a crime in general, but in its special circumstances, it shall not be punishable in a case where there are justifiable grounds in recognizing the misunderstanding that it does not constitute a crime as permitted by law.
(see, e.g., Supreme Court Decision 91Do1566, Oct. 11, 1991). The circumstance that the Defendant, who delivered strokes to another person, was unaware of whether the act constitutes an act in violation of the law is merely a legal site, and the circumstance that the Defendant was unaware of whether the act was an act in violation of the law, is not a case where he was aware of the fact that the act was not a crime permitted by the
The defendant's above assertion is not accepted.
B. 1. The term "act that does not violate social rules" as stipulated in Article 20 of the Criminal Code refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the motive or purpose of the act is to be committed.