The defendant's appeal is dismissed.

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a judgment of the first instance on the sole ground that the sentence of the first instance falls within the scope of the discretion and is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant all recognized the instant criminal act and is against all the recognition.

The defendant was administered by delivery of philophones, but did not participate in the distribution thereof.

There are also circumstances that could be considered favorable to the defendant, such as the fact that he seems to have faithfully been engaged in workplace life before detention, the fact that social relationship seems clear, and the fact that he seems not to have good health status.

However, considering all the above circumstances, the lower court sentenced a sentence lower than the lower limit of the recommended sentence according to the sentencing guidelines, and it is difficult to find any changes in the sentencing conditions in the final judgment.

In light of the above circumstances, narcotics crimes are in need of strict punishment in order to eradicate crimes that are highly harmful to society as well as the mental health and body of an individual, and are sentenced to imprisonment with prison labor for narcotics crimes.