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Reasons
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(영문) 서울고등법원 2018.05.25 2017노3109
마약류관리에관한법률위반(향정)
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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (non-violation part) The Defendant: LSD (LSD) delivered to the Defendant’s dwelling (Lisgic Acidathylaides) 700 heading 700 Es. (hereinafter “the instant postal item”); and verified the name of the addressee “K” as indicated in the instant postal item; after naturally receiving it, the Defendant was the recipient of the said postal item; thus, it is reasonable to view that the Defendant was the recipient of the said postal item.

Therefore, even though the defendant could fully recognize the fact of importing LEL 70 U.S. Chapter, the court below found the defendant not guilty of this part of the facts charged.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment, two years of suspended sentence, etc.) is too unhutiled and unfair.

2. Determination

A. Determination 1 on the assertion of mistake of facts 1) Although the Defendant was not a narcotics handler, the Defendant: (a) intended to purchase LSDD in the Netherlands; and (b) ordered LSD 700 from a sales in the Netherlands residing in the Netherlands using the Internet, etc.; and (c) imported LSD 700 from the Netherlands’s air fund departing from the Netherlands around May 10, 2017, using the Netherlands’s aviation fund, which took place in the Netherlands around 19:21, and then imported LSD 700 by international ordinary mail.

2) In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the lower court, based on the evidence submitted by the prosecutor, sufficiently proven that the Defendant imported ELSD 700 as stated in this part of the facts charged, to the extent that there is no reasonable doubt as to the fact that there is no reasonable doubt

It is difficult to see

The decision was determined.

① The Defendant consistently stated in an investigative agency and this court that there was no error in purchasing or ordering LSD 700 copies, and denied this part of the facts charged.

(2) ELSD.

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