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(영문) 서울고등법원 2020.06.19 2020노537
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a period of five years and six months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant A: misunderstanding of facts, misunderstanding of legal principles, or misunderstanding of the legal principles on unreasonable sentencing (the point of receipt of textphones), the Defendant informed C of the address and contact information to receive text messages by requesting C to receive text messagess. However, even if up to that time, C did not know whether it was coming from a foreign country and sent it to her in the Republic of Korea. Although C sent a transport paper file to the Defendant through Mesens, the Defendant did not confirm it. Therefore, it is unreasonable for the lower court to find the Defendant guilty of this part of the charges. 2) The sentence (7 years of imprisonment, confiscation, collection 200,000 won) imposed by the lower court on the Defendant is too unreasonable.

B. Defendant B: Error of mistake of facts or misapprehension of legal principles, 1) mistake of unreasonable sentencing or misunderstanding of legal principles (the point of a philophone medication), or dA was not detected by the Defendant’s DNA at the body of inhaleing narcotics (the point of a philophone medication), and there was no fact that the Defendant administered philophones on his own. The Defendant was found to have detected philophones from the wind on the wind of drinking a philogramon to the Defendant’s cromatic coffee, and thus, it is unreasonable for the lower court to have convicted the Defendant of this part of the facts charged.

C. A prosecutor: misunderstanding of facts as to Defendant B and mistake of unfair sentencing (the fact of importing phiphonephones). The Defendant waiting in the vehicle where A, her husband, was waiting for the withdrawal of her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

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