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(영문) 서울고등법원 2014.06.20 2013노3995
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Seized 684gopon (No. 1).

Reasons

1. Summary of the grounds for appeal;

A. In relation to the violation of the Act on the Control of Narcotics, etc. (fence) due to the misunderstanding of facts, the Defendant was unaware of the fact that there was a philopon in the machine parts sent by D, and the Defendant did not invite a bid for import of D and philopon, the lower court found the Defendant guilty of this part of the charges.

B. The lower court’s sentence of an unreasonable sentencing (a 6 years of imprisonment, 165,00 won penalty) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, it is reasonable to view that the Defendant imported the two parts of the machinery and parts concealed phiphones into the Republic of Korea in collusion with D and imported them into the Republic of Korea.

Therefore, the defendant's ground of appeal on this part is without merit.

1. The Defendant became aware of D in China seven to eight years prior to visit China, and thereafter met several times after visiting China. In particular, from July 15, 2013, the Defendant became aware of D in China.

8. By July 1, 200, residing in China, only in a billiard hall or a danran bar frequently, and furthermore, in three times, the philophone medication was administered equally.

At the time of the administration of philophones together with D, D received the test from the defendant to send the machinery parts to a third party in Korea, and requested the defendant to deliver them to the third party.

2 Upon D’s request, the Defendant is in custody on July 27, 2013, around August 6, 2013, around August 2013, and around August 15, 2013, after being delivered machinery parts from D three times in total.

8.15. The above machine parts were sent to each person under whose name the parts are not known.

With regard to the process of delivery, the defendant finally reversed the statement several times, and then caused the above mechanical parts to be loaded on his own car.

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