All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

The sentence of the lower court against the Defendants (Defendant C; Defendant C; Defendant C; Defendant D; Defendant D; Defendant 1 year of imprisonment; confiscation; and additional collection KRW 1 million) is too unreasonable.

Judgment

Defendant

C. There are favorable circumstances for the defendant, such as the fact that the defendant has been detained for a considerable period of time, there is no criminal record of criminal punishment in Korea, and the mother of the defendant desires to leave the defendant's wife in the trial.

However, narcotics-related crimes are serious crimes that injure social and national soundness due to their toxicity, and there is a high need to punish them.

Prior to the instant case, the Defendant had been experienced in administering cambanes in China (hereinafter referred to as “cambphones”), had a large amount of camphones handled by the Defendant in this case, and had sold them without being limited to the simple administration.

In addition to this point, considering the various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment cannot be deemed unfairly excessive.

Defendant

D. There are circumstances favorable to the defendant, such as the fact that the defendant is detained for a considerable period of time, the fact that there is no particular criminal power other than the defendant sentenced once to a fine in Korea, the fact that the defendant's family members appear to cooperate in the investigation at the investigation stage, and the fact that the defendant's family members want to leave the defendant's wife in the trial.

However, in light of the fact that the defendant started to administer philophones from 2013 to 20 times, the defendant stated that he purchased approximately 40 g (a approximately KRW 20 million) of philophones over 20 times (around 299 pages of investigation record), there is a need to view the defendant as dependent on philophones in society for a certain period of time, and have the defendant know about it in society.