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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.
2. There are extenuating circumstances such as that the Defendant’s decision on the grounds for appeal reflects the Defendant’s mistake in depth, that the Defendant’s punishment is making efforts to treat the Defendant, that the Defendant’s inhales the halluous materials, and that it cannot be seen as representing a special anti-social behavior after taking them into account.
However, on the other hand, the defendant has been punished several times for the same crime (the actual 13 times, the suspension of execution once, and the fine once). In addition, the defendant committed the crime of this case when he was sentenced to one year for the same crime on September 13, 2012 and completed the execution of the sentence, which is a repeated crime period after having been sentenced to imprisonment for the same crime on September 13, 2012. The court below determined the punishment in consideration of the already favorable circumstances for the defendant. There is no special change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below. Considering other various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the defendant's assertion is not acceptable since the sentence imposed by the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.