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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles as stated in the judgment of the court below
In relation to the violation of the Act on the Control of Narcotics, etc. (flavoring) by importing psychotropic drugs on April 10, 2015, the Defendant did not import approximately 50 g of Metepha ( a one-time philopon; hereinafter “philopon”) and 117 of Melopon (a one-time philopon; hereinafter “Elopon”) containing psychotropic drugs on April 10, 2015. As to this part of the facts charged, the Defendant did not have any evidence to acknowledge it except the confession at the investigative agency and the lower court, and thus, the Defendant cannot be admitted as evidence for conviction pursuant to Article 310 of the Criminal Procedure Act. However, the lower court erred by misapprehending the legal doctrine, thereby convicted this part of the facts charged.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles regarding the violation of the Act on the Control of Narcotics, etc. (fence) due to the import of psychotropic drugs on April 10, 2015, the Defendant asserted that the lower court found the Defendant guilty despite the absence of any specific part of the Defendant’s confession, there was no fact that he/she led to the confession of this part of the facts charged in the lower court, and no fact that he/she was closely importing approximately 50 g and 117 g of philopon on April 10, 2015.
However, according to the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, at around 19:15 on April 8, 2015, the Defendant left the airport of Cambodian guetype by using Asian and air services at a port of supply of Incheon National Bureau, and received approximately 50 g and 117 g and g from male on April 9, 2015, from “G hotel” located in Cambodian on April 9, 2015. At around 07:20 on April 10, 2015, the Defendant entered the instant penphones and campings into the panty, and arrived at the Incheon National Port as an Asian or air route, and psychotropic drugs.