The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant is imported or administered, received or administered a phiphone without compensation. In particular, the part imported from phiphones was detected by the airport customs office in a foreign country while carrying in the phiphones via the Internet. If the phiphones imported by the Defendant were not detected at the import stage, there was a possibility of domestic circulation or consumption of phiphones, and the crime of narcotics is harmful to society and the risk of recidivism, etc., the Defendant should bear the corresponding criminal liability.

However, prior to the crime of this case, the defendant has no record of being punished for a crime related to narcotics, such as phiphonephones, and there is no criminal record of imprisonment with prison labor or heavier in addition to the suspended sentence due to a crime of escaping from military affairs in 196.

In addition, the amount of the penphone imported by the defendant is relatively small, and the amount of the penphone imported by the defendant is considered to have been imported for personal use, and all seizures have not been distributed in Korea.

The Defendant recognized all of the instant crimes, is in profoundly against the Defendant, and reconvened with popons by one’s net waterway due to serious economic pressure, and said, the Defendant would not commit the instant narcotics again twice.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances and result of the crime, various sentencing conditions shown in the pleadings, such as the situation after the crime, the sentence of the court below is deemed to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court are as follows.