All appeals by the Defendants are dismissed.

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the Defendants (three years of imprisonment) is too unreasonable.

2. Determination

A. Defendant A is contrary to the recognition of the crime of this case by Defendant A, and Defendant A has no record of criminal punishment in the Republic of Korea.

However, the crime of this case is that the defendant, who is a foreigner, imported narcotics for the purpose of sale in the Republic of Korea, and the nature of the crime is inferior, the transfer of the imported narcotics is not significant, and the crime of narcotics is highly harmful to the society due to the gravity, toxicity, and the possibility of linking other crimes. In particular, since the import of narcotics is likely to cause the mass production and additional crimes of addicts due to the spread of narcotics, it is disadvantageous to the fact that the punishment for the crime is very severe than the mere possession and medication is inevitable.

In full view of the above circumstances and other factors, Defendant A’s age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the pleadings, including the circumstances after the crime, and the first instance court, where there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment imposed on Defendant A is too unreasonable.

Therefore, Defendant A’s argument of sentencing is without merit.

B. As to Defendant B, Defendant B is against the recognition of the instant crime, and Defendant B is only punished once by a fine in the Republic of Korea, and there is no record of having committed the same kind of crime.

However, the crime of this case was committed by a foreigner who illegally stays in the Republic of Korea despite the expiration of the period of stay, and the court below's co-defendant C is holding a part of narcotics.