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(영문) 서울고등법원 2016.06.02 2015노3661
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The aware that the Defendant directly entered and sent them to F, etc. was legally sought in the United States, and did not know that drug ingredients were included therein, and delivery was not made at the time of marijuana and the sea.

B. The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances revealed by the evidence duly admitted and investigated by the lower court and the first instance court, the Defendant appears to have sufficiently recognized that the foregoing drug was prohibited.

① The Defendant imported narcotics, etc. in the form of various kinds of known drugs, such as ambatory ingredients, ambaphone ingredients known from ambatoopon components, X-gu, ambathy machine, pendrone, alpha-pppp, Metio propathmin, Methoxa, 5-api, and Mebatolon, and the Defendant himself was suspected to be not narcotics at an investigative agency.

(2) The Defendant made a statement at an investigative agency to the effect that he/she sought the above know while purchasing a spha through AB website (Evidence No. 2, No. 164 through 166 of the evidence record), and on the website screen (Evidence No. 1 of the above site), the products sold are not used for human consumption. The Defendant made a statement to the effect that he/she also sought the above know during the process of purchasing a spha through AB website (Evidence No. 2, No. 164 through 166 of the evidence record). The Defendant made a statement to the effect that he/she did not use the products for human consumption. The Defendant sent this information into a sponed coffee.

③ The Defendant supplied the said drugs to F, J, K, etc. At an investigative agency, F stated that “the Defendant was able to carry out funeral services for narcotics” (Evidence No. 2: 580 pages of the evidence record), and J made an advertisement so that only the Defendant was able to identify SNS by raising a photograph generated by hemp leaves, etc. on the Internet SNS with her knowledge.

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