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(영문) 서울고등법원 2020.11.04 2020노836
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant conspireds to import D and philophones.

B. The lower court’s sentence of unreasonable sentencing (7 years of imprisonment, confiscation, and collection) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) the Defendant, in collusion with D in Thailand B, C, and Thailand, conspired with D to deliver phiphones to the Republic of Korea at an influent place where D is no longer than the Thailand; (b) B and C

Pursuant to the foregoing mother, D, on December 13, 2019, after putting about 970 g of oponon into the ston coffee paper, sealed it, and then putting it into the box, entered the addressee into the box as “E”, “F apartment G of Gangseo-gu Seoul,” and contact number as “H”, and sent it to the Incheon Airport located at the airport of Jung-gu Incheon, Jung-gu, Incheon on December 13, 2019 through I through international special grade mail, and sent approximately 970 g of oponononon at the Incheon Airport located at the airport of Jung-gu, Incheon.

Accordingly, in collusion with D, B, and C, the Defendant imported approximately 970 g of philophones, which are psychotropic drugs, into the Republic of Korea in Thailand.

B. The lower court’s judgment 1) The summary of the Defendant’s assertion is as follows: Handphones indicated in this part of the facts charged (hereinafter “instant Handphones”).

(2) On December 13, 2019, the Defendant arrived at the Incheon Airport, and the Defendant received contact from D on December 15, 2019 through December 16, 2019, and thus, the Defendant cannot be deemed to have recruited import of D and phiphones. 2) In light of the following circumstances, the lower court determined that the Defendant conspired to bring D and phiphones into the Republic of Korea before the instant phiphones arrive at the Incheon Airport. In so doing, the lower court determined that the Defendant could fully recognize the fact that the Defendant conspireded to bring D and phiphones into the Republic of Korea before having arrived at the Incheon Airport. The Defendant left the Republic of Korea on December 4, 2019 and returned to the Republic of Korea on December 8, 2019.

However, D sent the instant Handphone to the Republic of Korea on December 2019.

In other words, D. D. This case.

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