The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (three years and six months of imprisonment) is too unreasonable; and

2. On February 22, 2012, the following circumstances are acknowledged: (a) the Defendant recognized the instant crime and against his mistake; (b) the instant phiphone was not distributed to a third party as the instant phiphone was discovered and seized by a customs office; and (c) the Defendant was sentenced to a suspended sentence of three years by imprisonment at the Incheon District Court on February 22, 2012; (b) the Defendant was sentenced to a suspended sentence of four years; (c) if this judgment becomes final and conclusive, the Defendant should be sentenced to a prison term of three-year imprisonment, the execution of which was suspended; and (d) the Defendant’s health

However, the Defendant’s act of importing narcotics, like the instant crime committed by the Defendant, is highly likely to cause serious social harm. In the case of phiphonephones, toxicity or harm exceeds other narcotics, and the amount of phiphonephones imported by the Defendant reaches 64.05g considerably large. The Defendant again committed the instant crime without being aware of the fact that he had been under the suspension of execution due to the previous convictions, and other various sentencing conditions and sentence imposed by the lower court during the instant pleadings, such as the Defendant’s age, character, conduct, occupation and environment, etc., of the sentencing guidelines for narcotics crimes in the scope of sentencing guidelines according to the sentencing guidelines, falls under the category of category 3 (narcotics, f.b., etc.) of the “Import and Import Manufacturing, etc.” among the sentencing guidelines for narcotics crimes in accordance with the sentencing guidelines, and thus, the scope of sentencing recommendation is 5 years to 5 years.

In full view of the facts below the lower limit, the Defendant’s assertion of unfair sentencing is without merit, since the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.