In addition, the appeal by the candidate for medical treatment and custody is dismissed.

A. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, etc.) is too unreasonable.

B. It is recognized that there are favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant and the candidate for medical treatment and custody (hereinafter referred to as the "defendants") recognize all of the crimes in this case and reflects their mistakes and actively shows the intent to treat the addiction of philophones.

On the other hand, the Defendant has already been punished eight times for the same crime or more, and seven times for which the Defendant was punished as a sentence. In particular, at the Changwon District Court's Jinju branch on August 26, 2009, the Defendant was sentenced to one year to imprisonment for the crime of violation of the Narcotics Control Act, etc. (fence) at the Changwon District Court's Jinju branch on April 13, 2010, and was sentenced on April 13, 2010, five times after the lapse of the period as in this case, and five times for the same crime, and the crime is bad, and the Defendant was able to possess, administer, arrange the purchase, and sell and sell a penphone with a high risk of social harm.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, various circumstances revealed in the pleadings, such as the circumstances after the crime, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee (a period of one year and six months to seven years and four months), etc., the sentence imposed by the lower court cannot be deemed to be excessive to the extent that it should be reversed.

Therefore, the defendant's assertion of unfair sentencing is without merit.

[General Grounds for Determination of Punishment] - Multiple Crimes - No. 3-A of the Decision.

section 3-C of the judgment on the violation of the Act on the Control of Narcotics, etc.

section 2-A of the judgment on the violation of the Act on the Control of Narcotics, etc.

Offense of Violation of the Act on the Control of Narcotics, Etc.: Narcotics crime group, trade mediation, etc., two types, and previous crimes of the same kind (not more than three years of suspended execution).