2. The circumstances are favorable to the Defendants, such as: (a) the confession of each of the instant offenses; (b) the number of narcotics handled by the Defendants was not so large; and (c) Defendant C’s each of the instant offenses committed by the Defendants is about the administration of philopon and the purchase of philopon for this purpose; (b) the Defendants did not have any history of criminal punishment in the Republic of Korea; and (c) the Defendants are in the position of supporting their family members

However, in the case of Defendant B, each of the crimes of this case committed by the Defendants was three times, one time, and four times, and Defendant C was illegally staying in the Republic of Korea in violation of the Immigration Control Act, and the quality of the crime is not good. In light of the addiction to narcotics and the harm caused by the administration of narcotics, etc., the crime of selling phiphones by Defendant B requires strict punishment and eradication. The crime of selling phiphones by Defendant B is spreading phiphones to the neighbors, and is highly likely to be subject to criticism, and in light of the detection of phiphones from the mother of the Defendants, it appears that the degree of addiction to phiphones by the Defendants might not be somewhat unfavorable.

In addition to the above circumstances, the lower court imposed a sentence lower than the lower limit of the recommended range in the sentencing guidelines of the Supreme Court on the instant crime of violation of the Narcotics Control Act (e.g., violation of the Act on the Control of Narcotics, etc.) by considering the favorable circumstances for the Defendants. In addition, the lower court should take into account all the sentencing conditions of the instant case, including the Defendants’ age, sex, environment, motive, means and consequence of the instant crime, circumstance after the instant crime, crime history, etc., and criminal records.