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(영문) 서울고등법원 2018.12.13 2018노2375
특정범죄가중처벌등에관한법률위반(향정)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for seven years.

A seized philophone.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) misunderstanding of the facts or misapprehension of the legal doctrine, Defendant A did not clearly recognize that the value of a penphone concealed in his body at the time of entry into Korea is at least KRW 50 million, and thus, Article 11(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied.

2) The sentence sentenced by the lower court (a prison term of eight years, confiscation) is too unreasonable.

B. The punishment sentenced by the lower court (eight years of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination on Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles was made at the lower court, but Defendant A admitted the facts charged of this case at the lower court, but asserted that Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles as above was reversed to this court.

Therefore, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant A was aware of the fact that the value of the penphones concealed in his body at the time of entry into Korea is at least 50 million won.

Therefore, Defendant A’s misunderstanding of facts or misapprehension of legal principles is without merit.

① Defendant A, who moved from the original judgment to this court, relatively consistently and consistently, to a place where the place is unknown and then concealed a philopon on several parts of the body by three men with infinite name. In the process of concealing a philopon, Defendant A would not take the philopon.

“If you do not do so, you will die from the above men.”

“I have not refused to object to intimidation.”

“The statement was made to the effect that “........”

In light of these statements, the defendant A was aware that the substance concealed in his body is a philophone.

(2) Defendant A shall have served multiple vinyls in white papers at the time of entry into Korea.

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