The defendant's appeal is dismissed.

1. The sentence of imprisonment with prison labor (three years and six months, confiscation and collection) of the first instance court shall be too unreasonable;

2. In the case of narcotics crimes on the market, it is necessary to strictly punish them because they are highly likely to cause serious personal and social harm.

Moreover, the crime of narcotics, etc. committed by the defendant is likely to be criticized because it imports approximately 120 g or large amount of penphones for the purpose of distributing them in Korea.

However, the first instance court, taking into account various sentencing conditions, such as the fact that the defendant made a confession from the investigative agency to the crime of this case, against his mistake, without any history of criminal punishment in the Republic of Korea, and 92.34g of the phiphonephonephones imported by the defendant, was seized and not distributed in fact, imposed on the defendant for three and a half years according to the sentencing guidelines (two and a half years to December), and imposed on the defendant for less than three years and six months of imprisonment according to the sentencing guidelines (two years to December 12). In light of all the sentencing factors indicated in the records of this case, considering the reasons for sentencing and the process of deriving the sentence of the first instance judgment, since the sentence imposed on the defendant was judged to have been determined within the most minor range within the sentencing range, it cannot be deemed that such sentencing of the first instance court is too unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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