The defendant's appeal is dismissed.

1. The sentence of imprisonment (three years of imprisonment and confiscation) by the lower court to the point of the reasons for appeal is too unreasonable;

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the instant crime and reflects his mistake in depth, the fact that the philophone 32.33g imported from the Defendant’s instant crime was seized to an investigative agency and is not distributed during the trial, and that the Defendant has no record of criminal punishment in Korea.

However, the instant case: (a) the Defendant imported a penphone of approximately 32.3g; (b) in light of the fact that the harm and injury inflicted on the society is very significant, in particular, in the case of phiphones, the nature of the instant crime is grave; (c) the volume of the penphone imported by the Defendant is approximately 32.3g; (d) the amount of the penphones imported by the Defendant is considerably large; and (e) other various conditions of sentencing specified in the instant argument, such as the Defendant’s age, character, conduct, occupation and environment, etc.; and (e) the sentence imposed by the lower court falls under the “basic area” of the sentencing guidelines for narcotics crimes in accordance with the sentencing guidelines, and thus, the scope of the sentence of recommendation is 4 to 7 years.

In full view of the above points, the defendant's assertion of unfair sentencing is without merit, since the sentence imposed by the court below is too unreasonable.

3. 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.