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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.
2. The Defendant was found to have received 22 gramphones sent by accomplices in Thailand through international express mail through post offices.
There is little amount of philophones imported as a result of the instant crime.
In light of the defendant's role, the defendant's criminal administration before committing the crime (the defendant seems to have been either engaged in the import of philophones or arranged the purchase of philophones as well as the crime prosecuted), etc., the nature of the crime is not easy.
In addition, it is necessary to strictly punish narcotics crimes in that it causes the spread of narcotics in Korea as well as the high risk of recidivism and harms the public health or causes other crimes, and in particular, it is necessary to strictly punish narcotics crimes that cause the spread of narcotics in Korea.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized his criminal act, the phonephone imported by the defendant has not been distributed after being seized to the investigation agency, and the purpose of the revenue of the phonephone appears to have been provided or intended to be provided to or sold mainly to the residents of the same Thailand nationality rather than to distribute it in full to the domestic market, and the defendant's age, sex, environment, family relationship, the process and method of the criminal act in this case, and the circumstances before and after the criminal act, etc., the punishment imposed by the court below against the defendant is too unreasonable.
3. 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 groundless.