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The defendant's appeal is dismissed.
Reasons
The sentencing of the court below (three years of imprisonment) is too unreasonable because of the summary of the grounds for appeal.
Judgment
There are no circumstances to be taken into account in favor of the defendant, such as the fact that the defendant led to a serious prejudice to his mistake while making a confession of each of the crimes in this case, that the defendant has no record of having been sentenced to the same criminal history or punishment, that the defendant has seized and not distributed the whole quantity of the penphones that the defendant was sealed and does not seem to have been closely imported for sales purposes.
However, each of the instant crimes committed by the Defendant is a case in which approximately 11.5 g of phiphones were purchased and administered three times, and the remaining phiphones 11.35 g of phiphones were imported. Such narcotics crimes are not only to avoid the body and mind of an individual due to their decilability, gravity, toxicity, and radio wave, but also to pose a high risk of undermining the health and social safety of the people. In particular, the crime of smuggling import of phiphonephones is likely to cause the spread of narcotics and additional crimes resulting from the spread of narcotics, and there is a high possibility of criticism.
In addition, as the recent trend of narcotics crimes has been spreading compared to the past in our society, criminal policy needs to eradicate narcotics crimes through the enforcement of more strict criminal liability are also high.
In full view of all the sentencing conditions shown in the arguments in the instant case, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, which are favorable or unfavorable to the Defendant, the sentencing set by the court below within the scope lower than the lower limit of the recommended punishment according to the sentencing guidelines set by the Supreme Court Sentencing Committee cannot be deemed unfair because the sentencing set by the court below is too unreasonable compared to the Defendant’s act and responsibility.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so ordered as per Disposition.