2. In light of the following circumstances: (a) the Defendant committed the instant crime even though he was punished several times for the same kind of crime; (b) the Defendant did not only committed the instant crime, but also possessed or delivered to another person, and the nature of the instant crime is not very good; (c) the transfer of the philophone possessed by the Defendant is considerable; and (d) other circumstances, such as the motive and circumstance of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing specified in the records and arguments, are considered appropriate.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.