The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (one hundred thousand won for imprisonment, three years and six months, confiscation, and collection) is too unreasonable.

However, the crime of this case is that the defendant administered phiphones, and imported 98.69g phiphones into the Republic of Korea.

The following can be considered as follows: (a) the Defendant appears to have a strong intention not to commit such a crime again while breaking and opposing his mistake; (b) the Defendant supported his father after naturalization with his father in 2012; (c) the Defendant has no record of criminal punishment in Korea; (d) the Defendant has no record of seizure of the entire part of the penphones imported by the Defendant and does not distribute during the time; and (e) the Defendant’s father, wife, etc.’s father and wife, etc. have maintained a social relationship with the Defendant, which is favorable to the Defendant.

On the other hand, narcotics-related crimes are crimes that cause the degradation of individuals, families, and society as a whole due to addiction and decilation, and require strict countermeasures. The defendant simply imported phiphones without being limited to philophone medication, and the transfer of philophones is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, background, means, and consequence of the crime, the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court, etc., the lower court’s sentencing decision cannot be deemed to be too unfair on the ground that it has sentenced the punishment according to the maximum sentencing range after mitigated the statutory punishment.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.