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The defendant's appeal is dismissed.
Reasons
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and additional collection) is too unreasonable.
2. The judgment of the defendant is recognized that the defendant led to the confession of the crime of this case, and the crime of this case is relatively low in the quantity and frequency of the penphone handled by the defendant as he administered the penphone once.
However, in light of the fact that the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 21, 2008 and the Defendant committed the instant crime within the repeated crime period after the execution of the sentence was completed on May 15, 2009, the Defendant had the record of being punished three times for the same crime, and the Defendant was found to have detection of Mespia ingredients at the mother of the Defendant recovered around April 25, 2012, the degree of drug addiction seems to be considerable, and the narcotics crime is deemed to have a significant harm to our society, and it is necessary to strictly punish the instant crime, taking into account the contents of the instant crime, circumstances after the crime was committed, the Defendant’s age, character and behavior, environment, etc., as well as all other factors of sentencing, it is not recognized that the Defendant’s punishment against the Defendant 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.