The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, confiscation, and collection) imposed by the court below is too unreasonable.

2. In determining narcotics-related crimes, it is not easy to detect the characteristics of the crimes, the risk of recidivism is high, and the negative impact on individuals and society due to their decliability, toxicity, etc., and in particular, it is necessary to strictly cope with narcotics-related crimes, which are likely to spread narcotics and cause additional crimes.

The Defendant purchased approximately 1 million won of cocars and philophones with the land in Thailand, and used or administered part of them over four hours at the hotel room, and returned to Korea with the intent of avoiding detection of narcotics, etc. in order to use them again in Korea, approximately 4.1g and approximately 13.13g of philophones, which are remaining cocars, and 13.13g of philophones, with the intention of avoiding detection.

There are a lot of amount of cocars and philophones imported by the defendant in the above way.

This is disadvantageous to the defendant.

However, the defendant recognizes all of his own crimes from the investigative agency and reflects them, and there is no same criminal record except three times fines for the violation of the Road Traffic Act before the crime of this case is committed.

The Defendant had the intent to use the remaining cocars and phiphones in a foreign country, but did not have the intention to distribute them in Korea, and the entire amount was confiscated and actually used or distributed in the market.

During the commission of the instant crime, the Defendant expressed a strong will for a short term while in depth his criminal act, and the Defendant’s mother also takes a drug addiction treatment program directly with the intent to assist the Defendant in drug addiction treatment, and received family counseling and education, etc., so that the Defendant does not repeat again.