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(영문) 대구고등법원 2015.01.28 2014노266
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and his defense counsel 1) misunderstanding of facts did not receive psychotropic drugs from JWH-018, which are psychotropic drugs, and their similar bodies (one name “Sph”) by means of international mail, and then received them by means of international mail. Although the defendant’s Matrimonial F was aware that it was delivered to the defendant or his relative and did not know that it contained the above narcotics-related substances in international mail, the court below found the defendant guilty of the facts of this case. 2) The court below erred in the misapprehension of facts that found the defendant guilty of the facts of this case and affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. Determination

A. 1) According to the evidence duly adopted and examined by the lower court and the first instance court, as to the assertion of mistake of facts, the evidence 1) C (hereinafter “C”) is as follows.

B. From April 20 to August 2013, 2013 under the Defendant’s consent from the investigative agency to the court of the court below, the Defendant stated that there was a delivery of an international postal item, including SP, to F’s restaurant address (However, trade name was I as above) of the Defendant’s matrimonial engagement in the name of the Defendant at least four times between April 20, 2013 to August 2013, the Defendant stated that there was a delivery of SPs, including SPs,

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