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(영문) 서울고등법원 2015.01.16 2014노3153
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is widely known that it is difficult to deem that the Defendant had had the intent to import temporary psychotropic drugs, but the Defendant committed the instant import crime on two occasions through the return processing process of pentethylene, and thus, the Defendant confirmed the illegality of the instant import, etc. as at the time of the instant order, and reported the risk of pentethyl ethyl chlorot in the process of temporary designation as a psychotropic drug on December 10, 2013, and was able to be punished by imprisonment for more than five years through press reports around October 2013. As a result, the lower court erred by misapprehending the legal principles as to the Defendant’s intent, such as sending a pentyl ethyl ethyl psychotropic drug text message that was designated as a pent ethyl psychotropic drug, etc.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant received and imported the said pentethyl 3 disease, which arrives through the Incheon International Airport on January 30, 2014, around 11:44, around 2014, at the Sungnam post office, by placing an order for temporary psychotropic drugs pentethyl nitrite 3 disease (total 30ml).

B. As to the above facts charged, the lower court: (a) on December 10, 2013, the time when pentethylene was designated and publicly notified as temporary psychotropic drugs; and (b) on January 22, 2014, the time when the Defendant purchased the instant narcotics; (c) on October 18, 2013 and November 14, 201, before the instant narcotics were publicly notified as temporary psychotropic drugs, the Defendant purchased pentethyltet on the foreign website.

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