The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (Defendant’s defense counsel) asserted to the effect that the Defendant did not know that the goods transported at the time of committing the crime were phiphonephones, and that there was a misunderstanding of facts or misapprehension of legal principles in the lower judgment convicting the Defendant of the instant facts charged.

However, through a defense counsel’s written opinion on October 12, 2018, the defense counsel stated to the effect that the goods transported by the defendant at the time of committing the crime were philophones, and changed the purport of the argument to the effect that such act was forced.

Accordingly, on November 13, 2018, at the third trial date of this Court, the defense counsel withdrawn the argument that the defense counsel had knowledge of shotphones, and expressed that the defense counsel appealed for the wrongful conduct and sentencing.

Accordingly, this Court is to judge only the acts forced and the unfair argument of sentencing.

A. The court below erred by misapprehending the legal principles that the defendant entered the Republic of Korea with philophones, such as written facts constituting the crime of the court below, one of the persons who requested the transportation of philophones immediately before entry ( approximately 6-7 persons) will kill the defendant or his family without doing this work.

This is because of intimidation.

Therefore, the Defendant’s crime of this case is coerciond by intimidation that does not have any way to defend the life and body of the Defendant and his family members.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to “voluntary act” as provided in Article 12 of the Criminal Act.

B. The sentence sentenced by the lower court to the Defendant (the maximum of six years of imprisonment, the short of five years) is unreasonable.

2. On October 1, 2018, when this Court was pending, the Defendant appeared and stated as a witness to the prosecution as of October 1, 2018.

Here, the defendant's body at the time is self-contest.