2. The lower court determined that the Defendant’s synthetic marijuana “spam” purchased constitutes a new psychotropic drug that lacks safety in such a way as to cause potential misuse and abuse of psychotropic drugs, and that a crime related to narcotics is likely to cause harm and harm to society as a result of harming an individual’s body and mind as well as causing harm to public health and causing other crimes, and thus, the Defendant’s purchase and medication of “spams” in addition to those prosecuted. Meanwhile, the lower court determined a sentence against the Defendant by taking into account the circumstances favorable to the Defendant, under which the Defendant’s purchase of “spams” and the volume of “spams” purchased by the Defendant appears to have been simply purchased for administration, and the Defendant had no record of punishment in Korea.

In light of the following: (a) there is no change in circumstances that may vary in the sentencing of the lower court even when it comes to the final trial; (b) imprisonment (two years and six months) with prison labor determined by the lower court is the lowest sentence of the lower court which has undergone discretionary mitigation; (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the sentencing conditions indicated in the instant case, including the circumstances after the crime, and the recommended sentencing guidelines presented by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.