The judgment below

The prosecutor's appeal against the acquittal portion of the defendant A and the prosecutor's appeal against the defendant B, respectively.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts at L’s request, the Defendant was unaware of the fact that there was a mert clocks (one philopon, one philopon, and one hereinafter “philopon”), which was transported from China to Korea, and thus, despite that there was no intention on the importation of philopon, the lower court found the Defendant guilty of this part of the facts charged. (2) The lower court’s sentence of unfair sentencing (one 3 years of imprisonment and one 100,000 won of penalty) is too unreasonable.

B. Defendant C and D1) misunderstanding of facts is merely caused by L’s request to transport foreign goods brought by A, and the Defendants were not aware of the fact that L had a philopon, and even if there was no intention to import the philopon, the lower court which found Defendant C and D1 guilty of this part of the facts charged was erroneous by misapprehending the legal doctrine. 2) In so determining, the lower court’s sentence of unfair sentencing (Defendant C: imprisonment of 4 years, additional collection of 100,000 won, Defendant D: imprisonment of 3 years and 6 months) is too unreasonable.

C. A prosecutor 1) In full view of the following facts: (a) Defendant A’s protocol of examination of the prosecutor’s interrogation of the Defendant against Defendant A (the fact of the phiphone medication as of August 23, 2014); (b) the Defendant’s statement at the third public trial at the lower public trial; and (c) the Defendant’s detection of phiphone ingredients from the Defendant’s hair’s hair, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant not guilty of this part of the facts charged.

B) On Defendant B, it is predicted that Defendant B provided a medication by notifying that the vehicle was a penphone in order to prevent the carrier from reporting to an investigative agency on the practice of a narcotic handler who administers a phiphone, or to prevent the carrier from reporting the phiphone to an investigative agency, and the symptoms of the phiphone is used to cover the phiphone.