The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Recognizing the fact that the Defendant entered the Republic of Korea and carried in 1,245.22 g of philophones (hereinafter “instant philophones”), as stated in the facts constituting the crime of the lower judgment, the Defendant was aware of the goods brought by the Defendant at the time of entry into the Republic of Korea as a male interest program produced from Ralos, and was unaware of the fact that the philophones exceeded 50 million won.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

B. The sentence imposed by the court below on the defendant (six years of imprisonment) is too unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is reasonable to deem that the Defendant was aware of the fact that the article carried in by himself was phiphones and that the value exceeds KRW 50 million.

Therefore, the defendant's assertion of mistake cannot be accepted.

① On December 3, 2019, at around 04:42, the Defendant arrived at the first passenger terminal of the Incheon International Airport, and was selected as a object of inspection on the ground of “inboundment of narcotics,” and the Defendant’s passport and cellular phone showed positive reaction.

On the same day, at around 05:20, a precise inspection was conducted on the Defendant’s body, etc., and at the time, the Defendant was carrying approximately 406.78 g (No. 1) out of the instant penphones packed in vinyl bucks, with a tape cut in the right side, and there was a concealment of approximately 838.4 g (No. 2 and 8) of the rest of the penphones into double panty.

② 피고인은 이 사건 필로폰을 소지하고 대한민국에 입국하기 전 이 사건 필로폰 수입 범행의 공범으로 보이는 ‘C’와 위챗을 통하여 물건의 수령 여부, 항공기 탑승여부, 이동경로나 방법 등에...