The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not vary with the first instance court’s judgment on the sole ground that the sentence of sentencing of the first instance falls within the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, the instant crime was taken influence of the main body containing hallucinogenn ingredients, which is a hallucinogenic substance. Although the Defendant had been sentenced several times of punishment for the same crime, it is inevitable to strictly punish the Defendant who continues to commit the same crime, such as committing the instant crime, during the period of repeated crime, even though he/she had been sentenced several times of punishment for the same crime.

The lower court determined the punishment by fully taking account of all circumstances, including the circumstances alleged by the Defendant on the grounds of appeal, and there is no change in the conditions of sentencing compared with the lower court, and thus, it is not recognized that the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion on the grounds that there was no change in the conditions of sentencing compared with the records of the instant case and the reasons for sentencing as shown in the pleadings.

3. In conclusion, 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.