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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unlawful in sentencing) of the sentence imposed by the lower court (a year of imprisonment with prison labor for three years, protection observation, an order to attend lecture for 40 hours, an order to provide community service for 120 hours, and an additional collection of KRW 2490,00) is too unreasonable.
2. It is recognized that there are social ties, such as the fact that the defendant recognized the entire crime of this case and reflects his mistake, that there is no record of criminal punishment exceeding the same criminal record and fine, that there is a family member to support such as the defendant's wife and her mother, and that the defendant's family and her mother are repeatedly seeking the defendant's wife.
However, in light of the fact that the crime of this case was administered four times by the Defendant from another narcotics offender, etc. who is the upper line, and the nature of the crime is not good in light of the period and frequency of the crime, addiction to narcotics, and harmful effects from the administration of narcotics, etc., it is necessary to strictly punish and eradicate the crime in the case of a narcotics offender, and the amount of the penphone handled by the Defendant is not large, and the result of the maternity appraisal is “training” reaction (before 6-9cc.), it seems that the Defendant’s penphone addiction seems not to be negligible. Considering the above favorable circumstances, the lower court appears to have sentenced the suspension of the execution of imprisonment even though the Defendant was a narcotics offender, taking into account the above favorable circumstances, it appears that the Defendant’s age, sex, motive, means and consequence of the crime of this case, circumstances after the crime of this case, etc., the Defendant cannot be deemed to have been punished too much by considering the following factors: the Defendant’s life and equality in sentencing, the enactment of the sentencing guidelines and the scope of his recommendation of the committee.