The defendant's appeal is dismissed.

1. The reasons for appeal (three months of imprisonment) by the lower court are too unreasonable.

2. The Defendant is making a confession of the instant crime, and is against his mistake.

The Defendant did not have the same power prior to the crime of this case and sold a penphone once, and the number of times is not high.

The crime of this case is committed simultaneously with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court below that became final and conclusive, and there are favorable circumstances such as determining punishment in consideration of equity and equity.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

The crime of this case was committed by the defendant who participated in the sales organization of philophones and sold philophones, and the nature of the crime is not weak.

In addition, the defendant has been sentenced to imprisonment with prison labor and has a number of criminal records of different types, etc. are disadvantageous.

In light of the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is too unreasonable as it is too unreasonable (i.e., the instant criminal facts and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the holding of the lower court’s judgment).

However, Article 39 (1) of the Criminal Code provides that "if there is a crime which has not been adjudicated among concurrent crimes, a sentence shall be imposed on such crime in consideration of equity in the case where the crime and the crime for which judgment have become final and conclusive are concurrently judged.

In such cases, the punishment may be mitigated or exempted.

“In the judgment of the court below, the case where the judgment is to be rendered at the same time through pleadings and equity.”