The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

13,100,000 won shall be collected from the defendant.

1. The punishment sentenced by the court below (four years of imprisonment) is too unreasonable in light of the circumstances against the defendant in light of the gist of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the act of importing phiphones in the holding constitutes "Article 58 (1) 6, Article 4 (1), and Article 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply)" and its statutory punishment constitutes "a life imprisonment or imprisonment with prison labor for not less than five years". Since the court below decided to punish the act of importing phiphones in the judgment and sentenced the defendant to four years of imprisonment without any legal mitigation or discretionary mitigation, the court below erred in the misapprehension of law and affected the conclusion of the judgment, and in this regard, the judgment of the court below cannot be exempted from the reversal.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 (1) 6, Article 4 (1), and Article 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 60 (1) 3, Article 4 (1), and Article 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, etc., and Articles 60 (1) 3, and 60 (1) and Article 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, etc. (the occupation of

1. Violation of Article 35 of the Criminal Act among repeated crimes (limited to the proviso of Article 42 of the Criminal Act with respect to native crimes) of the Act on the Control of Narcotics, etc. from among repeated crimes.