2. Determination ① The favorable circumstance is that the Defendant recognized the instant crime.

(2) However, even though the Defendant had a history of criminal punishment several times, and in particular, had a history of having been punished by a fine of KRW 10 million for a violation of the Narcotics Control Act in 2008, the instant crime is committed, and narcotics crimes are serious crimes that destroy not only the offender himself/herself but also their family and society, and thus, it is necessary to punish the offender. The Defendant sold phiphones over four occasions a year, and the Defendant sold phiphones over four times a year, and other circumstances that form the conditions for sentencing, such as the circumstances of the instant crime, means, results, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is excessively unreasonable.

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