beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged the misunderstanding of facts did not intend to import D or F and Mete-Campopon (hereinafter “philopon”), and even though there was a fact that the Defendant was a philopon in China’s Cheongdo around November 7, 201, the lower court did not know that there was a philopon in it, but did not know that there was a philopon in it, thereby recognizing the crime of violation of the Act on the Control of Narcotics, etc. (flapop) by the preliminary import of philopon was erroneous of law that affected the conclusion of the judgment by misunderstanding of facts.
B. The prosecutor's assertion of the misapprehension of the legal principles that the defendant et al. makes the electrical panty more than the search unit in order to pass through the Chinese customs is an act of realizing the direct elements of the act of bringing the philopon into the philop.
In this case, the entry of philophones is complete because it will arrive in Korea without additional action if it passes through the Chinese customs search team.
Therefore, the judgment of the court below that recognized the violation of the Act on the Control of Narcotics, etc. by preliminary import of phiphones, even though the act of passing through the Chinese Customs constitutes an attempted act of passing through the Chinese Customs as the commencement of its execution, is erroneous in the misapprehension of legal principles, which affected
2. Determination:
A. The lower court duly adopted and examined the Defendant’s assertion of mistake of facts as follows: (i) the Defendant stated in the investigative agency that “The Defendant introduced F to E and D upon the request of the person who is likely to transport the Magra and the Maglass, etc. from sexual incompetence, and sent F KRW 2 million to F in return for the receipt of approximately KRW 4 million to KRW 7 million from D whenever the F is transported; and (ii) the Defendant sent F in return for the receipt of approximately KRW 2 million from KRW 4 million to KRW 3 million from F in return for the transport of the goods.” If the goods that the Defendant et al. intended to import were Magra or flus, the benefit that the Defendant et al. would obtain by smuggling into the Republic of Korea is the Incheon Customs Office.