logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.07 2014노1971
마약류관리에관한법률위반(향정)
Text

The judgment of the first instance shall be reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the defendant was unaware of the circumstances that are temporary psychotropic drugs under the Narcotics Control Act (hereinafter “Act”) where the above substances are strictly regulated domestically in the Republic of Korea in importing interest portion of ninitroethyl (i.e., nitrite) ingredients. In Australia, the mother country of the defendant, the mother country of the defendant believed that his act is permitted in order to legally purchase the above substances from adult stores without prescriptions, and the court of first instance, which found the defendant guilty, did not constitute a crime under Article 16 of the Criminal Act, and did not err by misapprehending the legal principles on recognition of illegality, which affected the conclusion of the judgment.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. On April 2014, the Defendant, at the Defendant’s house of Gwanak-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and 407, discovered “D”, a site where narcotics were sold by accessing the Internet search site via a computer, and settled the amount of USD 10,00,00 in the name of the suspect using CBA (Co., Ltd.) credit card in the name of the suspect.

Accordingly, the operator of the above site in Hong Kong sealed the buffer three bottles (9ml per disease) by international registered mail, and then sent the recipient by stating the recipient as Defendant “A” and the place of receipt as “Seoul Special Metropolitan City C, 407.”

Since then, on April 11, 2014, the international registered mail, which was concealed as above, arrived at the Incheon Central State Provision Port located in Jung-gu Incheon, Jung-gu, Incheon, as letter No. NH8479, Around April 11, 2014, and the Defendant received it from the Defendant’s office around 16:00 on April 21, 2014.

Accordingly, the defendant is the above site.

arrow