The judgment of the court below (including the portion not guilty) shall be reversed.

[Defendant A] The defendant shall be punished by imprisonment for seven years.

seizure.

1. Summary of grounds for appeal;

A. Defendant BC imported philophone into the territory of Korea as in this part of the facts charged, but the said Defendants could not know at all the amount and value of philophones imported.

In other words, there was no intention on the part of the above defendants that the imported phiphone value is more than 50 million won.

Therefore, a person who commits a crime under Article 11(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”) or an attempt to commit a crime under Article 58(1)1 through 4, 6, or 7 of the Act on the Control of Narcotics, Etc. (excluding the crime of trading, giving and receiving, or offering narcotics and the crime of holding or holding narcotics for the purpose of arranging sale or taking delivery) or the crime under Article 11(1)1 of the Aggravated Punishment, etc. of Specific Crimes Act (hereinafter “Aggravated Punishment of Specific Crimes Aggravated Punishment Act”) shall be punished aggravatingly as follows:

1. Where the value of the narcotics or psychotropic drugs exported, imported, manufactured, possessed, possessed, etc. is not less than fifty million won, he shall be punished by imprisonment for life or not less than ten years;

crime is not established.

B. Defendant B’s assertion of misunderstanding of the legal principles regarding the misapprehension of the legal principles of Defendant B (related to the part found guilty by the lower court among the facts charged on the importation of phiphones on December 13, 2018, Incheon District Court 2019Gohap316) imported phiphones into the territory of the Republic of Korea, but the amount and value of imported phiphones could not be known at all.

In other words, there was no intention on Defendant B that the imported philophone value is more than KRW 50 million.

Therefore, Defendant B cannot be held liable for the crime under Article 11(1)1 of the Specific Crimes Aggravated Punishment Act.

C. The court below held that Defendant B’s allegation of unfair sentencing is unreasonable.