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(영문) 서울고등법원 2016.11.17 2016노2870
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case by misunderstanding the facts and adversely affecting the conclusion of the judgment, even though the defendant was aware that he had a penphone in the wallet and had no intention to import a penphone.

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

2. Determination

A. The Defendant alleged a misunderstanding of facts in the lower court also asserted the same purport as this part of the assertion, and the lower court, by providing a detailed statement on the determination, acknowledged that the Defendant had an intentional intention to import philophones.

The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant was found to have concealed the philophone into a crophone, and then was found to have concealed it by putting it into a crophone, and ② the Defendant left the Republic of Korea on June 17, 2016 and left the Republic of Korea, and then left the Republic of Korea.

6. On June 18, 2016, in the absence of the Defendant’s intent to import a phiphone into the Republic of Korea, it appears that the Defendant’s purchase of a phiphone on the day of arrival into the Republic of Korea on the day of June 17, 2016 and the following two times thereafter would have the desire to administer the phiphones even after entering the Republic of Korea, and that the Defendant might have known that the remaining phiphones might have been concealed in the Defendant’s home toilet ceiling that the Defendant would keep the phiphones in a secret book, and that it would not have been placed in the Defendant’s home toilet ceiling. ③ If the Defendant purchased the phiphones on the day of arrival into the Republic of Korea on the day of arrival into the Republic of Korea and administered the phiphones on two occasions on or after June 19, 2016, the Defendant could have purchased the phiphones from June 17, 2016 to 15.

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