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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
In the white part of seized transparent vinyls.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (a prison term of two years and six months, confiscation, and collection) is too heavy or unreasonable.
2. The judgment does not have the same power for the accused, and his mistake is divided.
The whole of philophones imported by the accused and accomplices were seized.
The defendant actively cooperatedd with the investigation by informing another narcotics offender in the investigation agency.
It is relatively clear that the social relationship is relatively clear such as the family and branch members of the defendant's family and the wife's wife.
However, the crime of smuggling import in this case was committed in collusion with D, E, F, etc. by the defendant in large volume of philophones (2,060.5g) and the nature and circumstances of the crime are very poor.
In light of the fact that the defendant, who is the purchaser of a proposal made by Dolphone sellers G residing in China through D, was fully engaged in the crime, and that the defendant frequently contacted D and confirmed the time of the importation of Dolphone, etc., the degree of the defendant's participation is not easy.
The defendant tried to distribute the smuggling imported philophones directly in Korea, and the occurrence of the crime was discovered, the defendant escaped for a long time, and committed additional crimes such as possession of philophones, smoking and possession of marijuana during the period of escape.
In particular, in the case of the crime of possession of the above philopon, the total amount of the philopon reaches about 9.31g.
Narcotics crimes are not easy to detect in their characteristics, and the risk of recidivism is high, as well as negative effects on society as a whole due to the cryptability, toxicity, etc.
In particular, the smuggling of narcotics is likely to cause the domestic spread of narcotics and the occurrence of additional crimes.
The Defendant, as above, participated in the instant crime for the purpose of distributing to others, if accomplices import phiphones in the instant case.
The ultimate harm of narcotics crimes, including the crime of smuggling, such as this case, is caused by narcotics.