(영문) 서울고등법원 2013.11.21 2013노2863 | 리걸엔진

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(영문) 서울고등법원 2013.11.21 2013노2863

마약류관리에관한법률위반(향정)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the Defendants) is entirely related to the phone-phone 1,295.6g [No. 1,295.6g (Evidence No. 6; hereinafter "the instant phone-phone"] which was concealed in the door-to-door travel room (No. 7) for travel (No. 1,295.6g (No. 1 or 6; hereinafter "the instant phone-phone") which was detected at the F State provision at the time of entry into the Republic of Korea on March 11, 2013, Defendant B was replaced by the male with the U.S. Epublic port by the male with the U.S. on his identity (hereinafter "co-offender of this case"). However, the lower court found the Defendants guilty of the facts charged in this case by misapprehending the facts that the Defendants conspiredd to import the instant phone into the Republic of Korea, thereby affecting the conclusion of the judgment.

B. Unreasonable sentencing (Defendant A) The sentence imposed by the lower court on Defendant A (seven years of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. 1) The lower court’s determination on the Defendants’ assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court, and in full view of the circumstances as indicated in its reasoning in the situation at the time of the instant crime, the Defendants’ visit to Korea, and the preparation process for visits to Korea, etc., the lower court determined that the Defendants could sufficiently be sufficiently recognized that the Defendants, who was using the instant penphone from the Defendant’s accomplices, has imported the instant penphone to Korea. 2) In a criminal trial for the first instance, the conviction of the Defendants ought to be based on the evidence with probative value sufficient to conclude that the facts charged are true to the extent that there is no reasonable doubt by the judges, and unless there is no evidence to establish such a degree of conviction, the Defendant is suspected guilty.

Even if there is no choice but to judge the interests of the defendant.

유사 판례

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-서울중앙지방법원 2013.01.10 2012노2403

-서울고등법원 2019.10.24 2019노1275

-인천지방법원 2016.07.01 2016고합201

-수원지방법원 2013.10.30 2012고단6466