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Reasons
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(영문) 대구고등법원 2019.06.20 2018노575
마약류관리에관한법률위반(향정)
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The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, a psychotropic drug, was unaware of the fact that “F” did not inform “F of G’s address in order to import a postal item containing approximately 96g of philopon (hereinafter “instant psychotropic drug”) and KRW 1,528 (hereinafter “instant psychotropic drug”). The Defendant was unaware of the fact that “F” delivered psychotropic drugs to its domicile.

Since the Defendant did not participate in the solicitation to commit a crime of importing psychotropic drugs by “F,” the lower court found the Defendant guilty of violating the Act on the Control of Narcotics, Etc. (fence) due to the import of psychotropic drugs.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On May 2018, the Defendant: (a) informed the address at the place of residence of G (JP H) where he/she was aware of, and his/her name is unknown, so that he/she could import narcotics by international mail in Thailand (F) in Thailand; (b) sent the address at the place of residence of Thailand (F) where he/she was aware of, and the name of, the name of Thailand (F), to which he/she was unable to be identified, the Defendant: (c) sent an international express postal item (F) stating the recipient as “G” and the delivery paper to be sent in Incheon at around 06:08, May 5, 2018; (d) concealed the paper-based 96g of philopon; (d) 1,528 of the Daz 1,528.

Accordingly, the Defendant imported approximately 96g, 1,528 of philophones in collusion with Thailand (F), and Thailand, in which name is unknown.

B. The import of psychotropic drugs under the Act on the Control of Narcotics, Etc., regardless of their purpose or intent, shall bring psychotropic drugs into the territory of the Republic of Korea from overseas to the territory of the Republic of Korea.

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