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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.
2. It is recognized that the Defendant made a confession of the instant crime and reflects his mistake in depth, and that it appears that the investigation agency cooperates with the Defendant in the relevant investigation, such as making a statement with respect to the person who provided the Mepta (hereinafter referred to as “philopon”), and that the instant crime is in a concurrent offense relationship between the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act as indicated in the judgment of the court below, and that the sentence should be imposed in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with the first sentence of
However, the crime of this case is deemed to have been administered by the defendant about 0.07 g of philopon. In light of the method and contents of the crime, the defendant was sentenced to two times the punishment for the same crime and one fine prior to the crime of this case, and on February 6, 2013, he was sentenced to one year for the crime of violation of the Punishment of Violences, etc. Act in the Busan District Court on December 5, 2013. On January 23, 2014, the execution of the above punishment was terminated. On February 4, 2014, the above judgment became final and conclusive on February 4, 2014; the defendant committed the crime of this case; the defendant was sentenced to three years of imprisonment with prison labor for the same offense and even during the period of repeated crime and probation period; the defendant was newly sentenced to imprisonment with prison labor or imprisonment without prison labor for the same offense of this case on March 24, 2016; and the defendant committed the same or similar change in circumstances after being sentenced to imprisonment with prison punishment.