The prosecutor's appeal is dismissed.

In light of the gist of the grounds for appeal (misunderstanding of facts as to the principal facts or misapprehension of the legal principles) that the import crime of narcotics, etc. is terminated, the act of importing narcotics, etc. is unfair due to the gap in punishment for the import crime of narcotics, etc., and thus, the act of importing narcotics, etc. should be deemed to be terminated.

Therefore, the Defendant, who attempted to receive the MMA imported by B in the Republic of Korea, should be deemed as aiding and abetting B’s MMA import crime.

In the trial of the court, the additional prosecutor of the case following the amendment of the Act on the Control of Narcotics, Etc., while maintaining the facts charged against the accused as the primary facts charged, and maintaining the name of the offense in preliminaryly, Articles 60(3) and (1)2, 4(1)1, and 2(3)3(b) of the Act on the Control of Narcotics, Etc., and Article 32(1) of the Criminal Act.

4.(a)

An application for amendment to Bill of Indictment was filed to add the same contents as the statement in the paragraph, and this court permitted it, which was added to the judgment.

However, since the prosecutor's argument of mistake of facts or misapprehension of legal principles on the primary facts is still subject to the judgment of this court, the prosecutor's appeal and the ancillary facts added by this court shall be judged in turn.

Judgment on the Grounds for Appeal

A. The summary of the facts charged is that the Defendant, even though having knowledge of the import of MMA through international mail by internal-related parties B, tried to assist in the above MMA import crime by communicating with the postal unit when international mail was introduced into the Republic of Korea and the delivery was carried out on behalf of the Republic of Korea on behalf of the Republic of Korea.

B A around January 2019, it uses mobile phone hosting app's wrongs, etc. to the United Kingdom.