The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and three hundred thousand won of collection) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized and reflected the instant crime.

The defendant strongly experienced the will of a short-term contract, and expresses his will to help the family members of the defendant.

However, in light of the fact that the Defendant was subject to a disposition of suspending indictment for the purchase and medication of phiphones on November 2018, and even if he was arrested on October 2019 due to a large number of phiphones purchase and medication, he again committed the instant crime of the same kind after about two months thereafter, the toxicity of phiphones does not seem to be somewhat weak.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.