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(영문) 서울고등법원 2020.07.23 2020노516
마약류관리에관한법률위반(향정)
Text

The judgment below

The part concerning the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the crime of importing phiphonephones), the Defendant merely received air-specific shipments sent from China upon B’s request.

The Defendant was unaware of the fact that the above air special invoice contains a philopon.

Even if the defendant was aware that the above cargo contains a philophone, the degree of the defendant's participation in the crime is insignificant. Therefore, the defendant's liability for the crime of importing philophones should be recognized.

B. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Judgment on the defendant's misconception of facts or misapprehension of legal principles

A. The summary of this part of the facts charged is as follows: (a) the Defendant and B, along with the name unclaimed boxes (one name “C”; hereinafter “C”) residing in China, are ambiguous to import psychotropic drugs-related psychotropic substances into the Republic of Korea using air special transmission cargo; (b) the Defendant and B were willing to take charge of informing C of the addressee’s personal information and address; and (c) the Defendant were willing to take charge of the receipt of special transmission cargo.

C Around November 28, 2019, after putting approximately 17.91g of scopphone in China into a plastic scopon and concealing it into the bottom of the new launch, C sent the instant cargo, which was indicated as “C”, “C”, “C contact contact number”, and “B/L” (hereinafter “instant cargo”). On November 28, 2019, the instant cargo arrived at the Incheon State’s port of supply located in Jung-gu Incheon Metropolitan Government Port through H.

Accordingly, the Defendant and B conspired with C to import approximately 17.91g philophones into the Republic of Korea.

B. In full view of the following circumstances, the lower court determined that it is reasonable to view that the Defendant imported phiphones in collusion with B, and guilty of this part of the facts charged.

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