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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for four years.
evidence of seizure.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding or legal principles 1) Defendants’ assertion on the importation of phiphones did not state the word “international special transmission,” “Ems” and “scam” in the course of investigation, and did not state the place where phiphones were sent, Defendant B could have sent phiphones, and Defendant B could have carried out Chinese Mascam and domestic currency, and there was no relevant investigation against H post office, there is insufficient proof as to the import since this part of phiphones could not be ruled out.
The term “import” in this Part must be premised on the voluntary intent of the actor, and the Defendants sent a penphone to the Chinese Morse.
However, since it did not request and received unilaterally from the Chinese Marina, it was imported of philophones.
shall not be deemed to exist.
2) Defendant B’s assertion on the possession of philophones was found in the process of illegally searching Defendant B without any particular notice and arrested Defendant B as the current offender. As such, the arrest of the flagrant offender was unlawful.
The evidence, such as a philopon, seized in the form of voluntary submission in the arrest of an illegal flagrant offender, is all admissible, and there is no evidence to prove this part of the facts charged.
B. The lower court’s punishment against the illegal Defendants (each of four years of imprisonment, confiscation, and collection) is too unreasonable.
2. Determination
A. The prosecutor's ex officio determination at this court applied for changes in the indictment with the following [the revised indictment] among the facts charged in the instant case against the Defendants. Since the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.
[Revised facts charged] Defendant B’s name and influence in China on March 2017.