A. At the time of committing the crime, the Defendant was mentally and physically in a state of mental weakness due to mental illness, such as a bipolartic disorder, shock disorder, etc.

B. The criminal defendant who was found to have been guilty of the crime committed in the trial of the party.

The act of importing phiphones was led by F, and the defendant took part in the crime passively with F's proposal.

Considering these circumstances, the sentence of the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. Although the fact that the Defendant was suffering from mental illness, such as stimulative disorder, shock disorder, and stimulal disorder, it is recognized that the Defendant had a weak ability to discern things or make decisions at the time of committing the crime, considering the Defendant’s behavior before and after the crime, attitude of statement in the court, etc.

It does not seem that it does not appear.

The defendant's mental and physical weak argument is without merit.

B. The Defendant made a judgment on the unfair argument of sentencing is both led to confessions and reflects in the trial.

All of the philophones imported by the defendant were confiscated, and the defendant has no record of being punished for the same crime.

F, who is an accomplice, proposed the import of phiphones, and the defendant seems to have participated in the crime.

These points are favorable to the defendant.

The Defendant imported philophones in collusion with F, and administered philophones twice.

The defendant's participation in the crime, such as accepting the imported penphones, is not easy to do so, and the quality of the crime is not good.

Imported philophones are very large of 62.68gs.

The defendant committed a crime since two months have not passed since he was sentenced to a suspended sentence.

These points are disadvantageous to the defendant.

In addition, the court below's punishment is not hot in light of various sentencing conditions as shown in the arguments, such as the defendant's age, sex, environment, background and result of the crime, and circumstances after the crime.

The sentencing of the defendant is unfair.