마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (for 4 years of imprisonment, confiscation) is too unreasonable.
2. The crime of this case is that the defendant imported philophones by getting on board the aircraft in Taiwan and entering Korea with approximately 33 g of phibucks while concealing it in the bucks.
All philophones imported as a result of the instant crime were seized, and have not been distributed during the time.
The defendant has no record of punishment in Korea.
The above is the circumstances favorable to the defendant.
On the other hand, the crime of importing phiphones is highly likely to cause additional crimes due to the spread of phiphones and the occurrence of additional crimes.
There are a few amount of philophones imported as a result of the instant crime.
The above is the circumstances unfavorable to the defendant.
In full view of the above circumstances, Defendant’s age, sex, environment, etc., all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines set by the Supreme Court’s sentencing committee, the lower court’s sentencing against Defendant is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.