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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the collection of penalty of one year and four months, one hundred and eight thousand won) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant recognized and reflected the crime, and that the Defendant cooperates with the investigation, etc. are favorable for sentencing.
However, the Defendant has a history of serving a sentence of 10 times as punishment for the same crime, one suspended sentence, and one fine; however, the Defendant again commits the instant crime during the repeated crime period for the same crime; the amount of penphones handled by the Defendant is not significant; narcotics-related crimes are highly harmful to society and the risk of recidivism; thus, it is necessary to strictly punish the Defendant; and taking into account all the sentencing conditions, such as the Defendant’s age, character and behavior, criminal records, motive and means of the crime, and circumstances before and after the crime, etc., the lower court’s sentence is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.