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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment, confiscation, additional collection 2,187,00 won) imposed by the court below is too unreasonable.
2. Although there are favorable circumstances such as the confessions of all the crimes of this case and reflects the fact that the defendant is committing the crimes of this case, and that the defendant has been punished six times (one time of suspension of execution, one time of imprisonment, five times of imprisonment) for the same crime, the defendant committed each of the crimes of this case during the period of repeated crime without being informed of his imprisonment (one year of imprisonment) due to the same crime, and the amount of phiphones handled by the defendant is equivalent to about 10g, and the defendant seems to be poor in selling phiphones. The defendant's recommendation range of the sentencing guidelines for each of the crimes of this case [basic crimes and 1, 2 concurrent crimes: Type 2 (one time of suspension of execution, one time of sentence, one time of suspended sentence, one year and one year of suspended sentence, one year and four years of imprisonment, one year and four years of imprisonment with prison labor, and one year and four years of increased punishment, and the defendant's imprisonment with prison labor for each of the crimes of this case cannot be seen as unfair.
[However, the court below sentenced to the collection of 2,187,00 won [3,00,000 won - 300,000,000 won - 1g price on a penphone) x 2.71g, calculated by excluding 2.71g of philphones handled by the defendant from the defendant, but on the other hand, Article 67 of the Act on the Control of Narcotics, Etc. provides that "narcotics, facilities, funds or means of transport provided for any crime prescribed by this Act, and profits accrued therefrom shall be confiscated: Provided, That if they cannot be confiscated, the equivalent amount shall be collected."