The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant’s failure to repeat the crime, the fact that the Defendant was punished for narcotics crimes only once, and that the instant crime was committed for a single philopon medication.

However, in light of the toxicity of narcotics and the harmful effects of medication, it is necessary to strictly punish and eradicate narcotics crimes, and the defendant needs to reduce the crimes of this case during the period of suspension of execution of the same kind of narcotics crimes and to properly punish them corresponding thereto.

In light of the above circumstances and the Defendant’s age, living environment, family relationship, criminal record (the equity in the case of a judgment at the same time as the special larceny that became final and conclusive), and the motive of the crime, the sentence of the court below is not heavier than that of the Defendant.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, "1...... is added to "Article 334 (1) of the Criminal Procedure Act" at the end of the application of the judgment of the court below ex officio.

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