The judgment below

The part against the defendant shall be reversed.

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

marijuju, seized;

From the time when a police officer of the Incheon Airport Customs's special judicial police station receives a reply to the result of the analysis that "the substance inside the letter constitutes marijuana," the above special judicial police officer should be deemed to have commenced an investigation by the above special judicial police officer.

The above special judicial police officers did not obtain an urgent seizure procedure even after they were forced to occupy marijuana by commencing the investigation as above, and did not obtain an ex post facto warrant within 48 hours.

Therefore, the seizure of marijuana of this case is unlawful, and the secondary evidence collected based on this is also inadmissible as it constitutes illegally collected evidence.

The Defendant did not know that the mail contains marijuana, misunderstanding of the facts and legal principles as to the intentional existence of the intent.

Defendant has intention to commit a crime;

The judgment of the court below is erroneous in the misunderstanding of facts and legal principles.

The punishment sentenced by the court below (five years of imprisonment and confiscation) is too unreasonable.

1) As to the grounds for appeal, a customs officer may conduct such an inspection without a search and seizure warrant, on the grounds that it is a compulsory disposition by an investigation agency, on the grounds that the investigation is conducted for the purpose of adequate customs clearance of imported and exported goods, such as opening of goods subject to customs inspection, collecting samples, component analysis, etc.

Where a customs officer voluntarily submits to an investigative agency goods in possession or custody for customs inspection, he/she had seized the relevant goods without forced possession by the investigative agency even without the consent of their owner.

subsection (b) of this section.

A controlled delivery is a special delivery method to identify an addressee and is a compulsory disposition to acquire possession by force, and cannot be deemed a seizure (see Supreme Court Decision 2014Do8719, Jul. 18, 2017, etc.).