Although the amount of penphones imported by the defendant in collusion with E, etc. is 38.8g, it is not the amount intended by the defendant.

B. The lower court: (a) concluded the Defendant as the principal offender for the instant crime of importing phiphones; (b) however, the Defendant served to receive and deliver phiphones purchase proceeds upon E’s request; and (c) led by E even during the process of receiving phiphones brought into the Republic of Korea; and (d) the Defendant was merely a subordinate position to participate in the instant crime.

Nevertheless, E was sentenced to a suspended sentence on the grounds that the degree of participation in the instant case is relatively less relatively weak than the Defendant, while the degree of actual participation was sentenced to a criminal sentence against the Defendant, which is less minor than E.

C. In addition, there are minor risks that philophones do not distribute in the Republic of Korea, thereby causing damage to society. The defendant made an important fraud in arresting accomplices, and only one time the philophone dose has no special criminal power.

2. Determination

A. Before committing the instant crime, the Defendant was only punished by a fine of two times, but does not have any criminal record of the same kind or suspension of execution.

In addition, all of the philophones imported by the defendant were seized and not distributed in Korea.

Furthermore, the defendant contributed to arresting E, an accomplice in the course of investigation.

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant, and met with one’s net waterway, and concluded that he would not commit the instant narcotics again twice, and there are extenuating circumstances such as the Defendant’s family members and arbitrasing the Defendant to appeal against the Defendant.

B. However, the Defendant committed the instant crime with E.