The judgment of the court below is reversed.

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

except that, for a period of four 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 was committed by the Defendant by importing approximately 9.35 g of philophones, administering approximately 0.03 g of philophones, in light of the method and content of the crime, etc., the criminal liability is not easy in light of the method and content of the crime. The crime related to narcotics is highly harmful to the society due to the addiction to narcotics and the possibility of causing other crimes, etc., and the risk of recidivism is also high, and thus, there is a need to strictly punish the crime is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant led to the crime of this case and reflects his mistake in depth, the defendant appears to have entered the Republic of Korea for the purpose of simple medication, not for the purpose of distributing it in Korea, and that the amount of imported penphones is relatively large, the defendant has no record of being punished for the same kind of crime before, the defendant has no record of being supported by the defendant, and his family and his neighbors are family members who are family members of the defendant and are supporting the defendant, and the defendant is also asserting that he would not repeat again while submitting a reply several times to the full bench, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., it is inappropriate to sentence the defendant too much unreasonable to sentence the defendant.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence. Therefore, Article 369 of the Criminal Procedure Act is the same as that of the judgment of the court below.