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(영문) 서울고등법원 2013.04.18 2013노887
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It was true that a mistake of facts Defendant: (a) received a proposal from E that the business in which the Defendant had met with the introduction of Kenyan Honmond by the introduction of Kenyan Jon D, and entered Korea via the Norway (hereinafter “the instant bank”); (b) however, he was aware that the instant bank was containing Damond nuclear source; and (c) was unaware of the fact that Domond nuclear source was included in the instant bank, and thus, he did not know that Domond nuclear source was included; (d) even though the Defendant was not recognized as a criminal intent to commit the smuggling income, the lower court convicted the Defendant of the facts charged, which affected the conclusion of the judgment by misunderstanding of facts.

B. The sentence imposed by the court below on the defendant (two years of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the defendant's assertion of mistake of facts, namely, the defendant called to the pro-Japanese D on November 10, 2012, that it is economically difficult for D to carry out the business since it was not well operated, and D was informed of the phone number on the same day E, and the defendant was proposed to transport the goods alleged to have been Damond Won (hereinafter "the goods of this case") (hereinafter "the proposal of this case"), and on November 11 of the same year following the following day, he accepted the proposal of this case and exchanged the specific process of transportation to E on November 12, 201 of the same year, and the defendant was aware of the defendant's Damon on board the aircraft of this case with the Defendant's Damon on the same day, and even if the defendant made a statement about his Damon's business, he was aware of his Damon's business.

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