The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, confiscation, and collection KRW 100,000) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant, who is a North Korean refugee, has no record of punishment in the Republic of Korea; that the amount of penphones imported or administered by the defendant is relatively small; that the defendant recognizes all the crimes of this case; that the defendant is against his mistake; and that the sealed penphones are seized except for the whole part of the medication and are not distributed actually.

However, the crime of this case is not likely to cause the risk of recidivism not only because it is not easy to detect the characteristics of the crime but also negative impact on the society as well as the fact that the import of opphones is likely to cause the conviction of narcotics and the additional crime caused by the mere medication because it is more likely to cause the crime compared to the mere medication, after visiting the 4.59g of opphones in China upon the request of the defendant to request for opphones.

In addition, in full view of the Defendant’s age, character and conduct, background, motive and background of the offense, means and consequence of the offense, all of the sentencing conditions indicated in the records, such as the circumstances after the offense, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case, the lower court’s punishment determined by deviating from the lower limit of recommended sentencing guidelines is deemed too unreasonable.

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