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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Seized evidence 1 to 56 shall be confiscated.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years of imprisonment, confiscation) is too unreasonable.
2. The judgment importation of narcotics is an offense that is the starting point of the Korean society narcotics crime, and the nature of the offense itself is very heavy, and the fact that the Defendant’s scopphones (115.71g) imported is about 115.71g, which is disadvantageous to the Defendant.
However, in the absence of experience in participating in the crime of this case due to medication, the defendant seems to have been involved in the crime of this case as a mere scopon transportation by receiving the request from the organization of the crime of this case under the condition that he did not have been involved in the crime of this case. The defendant seized all the scopon imported by the defendant and has not distributed in Korea; the defendant's living in an economically difficult environment was caused by the crime of this case beyond the suspicion that he could easily be living in an economically difficult environment; there are circumstances to take into account the circumstances; the defendant seems to have little economic benefits from the crime of this case; the defendant appears to have committed the crime of this case; the defendant led to the confession and reflect of the crime of this case; the defendant appears to have committed the crime of this case; the defendant's cooperation with the investigation of other narcotics crimes of this case was submitted to the court of first instance; and the defendant has no criminal record other than the case of a minor fine of this case.
In addition, when comprehensively examining the sentencing conditions indicated in the arguments and records, such as the defendant's age, sex, environment, details and contents of the crime, circumstances after the crime, etc., even if considering the scope of the recommended punishment [the scope of the punishment [the three types (a) and (b) of the year-7 years-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-period] according to the sentencing guidelines,
3. The Defendant’s appeal is reasonable, and thus, in accordance with Article 364(6) of the Criminal Procedure Act.