The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles are merely possessed by the Defendant, after purchasing a phiphone from H, because he did not have any disposal of the remaining phiphones, and there was no purpose of medication. Such possession is in an indivisible relationship with the purchase of phiphones, and it is unreasonable to punish the Defendant separately because it is an inevitable accompanying act.

B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, in light of the following: (a) purchase and possession of a phiphone are different; (b) possession is not necessarily premised on purchase; (c) there is a possibility of spreading or administering phiphones due to the act of phiphone possession; (c) there is a need to punish the act of possession itself regardless of the purpose of high risk, such as the act of trading, assisting in trade, receiving, possessing, delivering, etc.; and (d) the Defendant continued to possess the remaining phiphones after purchasing them, it is unreasonable to punish the Defendant’s act of possession of phiphones.

Therefore, this part of the defendant's assertion is rejected.

B. As to the assertion on unfair sentencing, the following circumstances may be considered: (a) the Defendant has expressed his intent not to commit a drug-related crime again, and (b) has provided an important investigative cooperation with H, one of his merchant vessels; and (c) the Defendant has made an important cooperation in the investigation.

However, the defendant has seven or more times of criminal records of narcotics crimes (seven times of punishment) and committed the crime of this case even during the period of repeated crime, and the amount of phiphones purchased by the defendant is not significant, there is no change in the special circumstances or circumstances that can be newly considered in sentencing after the decision of the court below, and there is no change in the age, character and conduct of the defendant.