A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, at around 17:00 on February 13, 2018, the Defendant: (a) posted 5 bags of vinyl C, which is a local mental medicine, on both sides of the instant River, to the tape, and then imported the phone by entering the 1st international passenger terminal in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, on February 14, 2018, where approximately 5.01g of vinyl C, which is a local mental medicine (i.e., “prophphone”; hereinafter “prophphone”); and (b) imported the phone by driving the phone at the 1st international passenger terminal in Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of seizure (No. 3 times a year);

1. Application of Acts and subordinate statutes to a traveler's report on the detection and response to analysis thereof;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall not fall under the category 3 (narcotics, price set (a), items (b) and (b) etc.) [the scope of the recommended punishment] (the scope of the recommended punishment] 4 years to 7 years (the basic area).

3. Determination of sentence: Penalty of imprisonment with prison labor for three years and suspended execution for four years, narcotics crimes such as the crime in this case are not easy to detect in their characteristics, but are highly likely to repeat crimes, and are likely to have a significant negative impact on society as a whole due to the cryptability, toxicity, etc.

Moreover, the importation of philophones is likely to cause the spread of narcotics and additional crimes resulting therefrom, and the responsibility for such crimes is not less complicated.

On the other hand, the defendant recognized the crime of this case and is against the other crimes in the Republic of Korea.