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(영문) 서울고등법원 2019.01.18 2018노2325
마약류불법거래방지에관한특례법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The summary of the grounds for appeal is erroneous: The defendant received Capital from E returning from Cambodia to Korea on the date and time indicated in this part of the facts charged and posted it in the studio in Daegu. However, the defendant was unaware of the fact that he had a philopon inside the glopon at that time.

Even if the Defendant’s crime of smuggling is recognized, it is difficult to readily conclude that the amount of philophones concealed in capital as stated in this part of the facts charged is 500gg, even if the Defendant’s statement alone does not constitute “where the amount of philophones involved in smuggling exceeds 50 million won” as provided in Article 11(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The sentencing of the lower court on the grounds that the sentence of unfair sentencing ( imprisonment for a term of six years, a fine of three million won, an additional collection of KRW 368,807,98) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

As to the Defendant’s assertion of misunderstanding of facts, the lower court also rejected all of the above arguments by stating in detail the Defendant’s arguments and the judgment on the argument of the lower court.

The judgment below

Examining the reasoning closely compared with the evidence duly admitted and examined, the judgment of the court below is reasonable and there is no violation of law by mistake of facts.

This part of the defendant's assertion is without merit.

On the assertion of unfair sentencing, the lower court shall strictly cope with the narcotics crime in order to protect the Korean society and its members from the narcotics crime which has recently been globalized and organized, taking into account the harm and injury inflicted on individuals and society, and in particular, with respect to the trade for profit, the necessity of strict countermeasures is greater.

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