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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The punishment sentenced by the lower court (two years and six months of imprisonment, three years of suspended execution, and additional collection KRW 50,000) is too unreasonable.
2. The Defendant recognized and reflected the instant crime.
A defendant has no career of having been punished for crimes since his entry into the Republic of Korea.
The defendant seems to have purchased spha, a local mental medicine, for personal medication.
On the other hand, the Defendant purchased the so-called “spion Espion,” a synthetic hemp containing 5F-ADB ingredients, similar chain JWH-018.
Sphphpha is a local mental drug under Article 2 subparag. 3 (a) of the Narcotics Control Act. The local mental drug under the above provision is unlikely to be misused or abused, and is not used for medical treatment, and is a drug or a substance containing such a drug, which lacks safety, causes severe physical or mental dependence in the event of misuse or abuse, and is in a very serious and safe sense, and thus, the Act on the Control of Narcotics, Etc. has a strong punishment for crimes related to the local mental drug.
The criminal liability of the defendant who purchased such sect is not easy.
In full view of the following circumstances: (a) there is no particular change in the sentencing conditions compared with the original judgment, as the new sentencing data that could change the sentencing was not submitted in the trial; (b) the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime, etc.; and (c) all the sentencing conditions in the instant records and arguments, including the circumstances after the crime, and the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it is not recognized that the lower court’s sentencing was too excessive beyond the reasonable scope of discretion.
The defendant's argument of sentencing is without merit.
3. The Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.