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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment is a favorable condition that the Defendant led to the confession of the instant crime and reflects the mistake, and that the amount and frequency of the penphone handled by the Defendant is not much high.
However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., narcotics crimes need to be strictly punished and eradicated, and the crime of selling phiphones such as this case spreads phiphones to the neighbors, which is more likely to be criticized. The Defendant was sentenced to the suspension of the execution of ten months in prison for the same kind of crime on November 16, 2016, and was sentenced to the suspension of the execution on November 24, 2016, and was sentenced to the suspension of the execution on November 24, 2016. However, in light of the fact that the Defendant committed the instant crime on 8 days after the date of the said suspension of execution, and that the Defendant’s phiphones were detected from the Defendant’s mother to the phiphones, it appears that the Defendant’s degree of phiphones addiction is not less harsh than that of the Defendant’s phiphones.
In addition to the above circumstances, the court below imposed a sentence lower than the lower limit of the recommended range in the sentencing guidelines of the Supreme Court on the instant crime, taking into account the favorable circumstances for the Defendant, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, circumstances after the instant crime was committed, and criminal records, the sentence imposed by the court below is unreasonable.
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.