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(영문) 부산고등법원 2013.04.11 2013노23
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, cannot be deemed to have proved to the extent that there was no reasonable doubt as to the fact that the Defendant was aware of the goods imported by the Defendant in the form of a philopon, and that there was no reasonable doubt as to the fact that the Defendant was aware of the goods imported by the Defendant in the form of a philopon. The written protocol of each prosecutor’s protocol of interrogation (2,6 times) and each prosecutor’s protocol of statement (1, 3, and 4 times) about E by the prosecution

B. The sentencing of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the assertion of mistake of facts, i.e., the method of the crime committed by the Defendant’s panty and hiddenly into the panty, the Defendant’s direct plasticphone, the Defendant received KRW 3 million from his monthly income from China at one time in return for smuggling import of goods from China, and G, when the Defendant made a statement to the prosecution as a suspect on August 24, 2012, “The Defendant had been aware of the fact that 1.5 million from August 1, 2012 and 3.5 million from 200,000,000,000,000 won, which was the same as 2.0,000,000,0000 won.” The Defendant made a consistent statement from 2.0,000,000,0000,000,0000,000,000,000,000,000).

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