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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 crime of this case No. 2017 Go-dan 1392 as decided: Imprisonment with prison labor for three months, and the remainder of the crimes as decided: imprisonment for one year, confiscation of seized articles, and collection of 450,00 won) is too unreasonable.
2. Determination:
A. There are extenuating circumstances to consider the Defendant, such as the fact that the Defendant recognized this part of the crime as to the crime in the case No. 2017 High Order No. 1392, which was held in the lower judgment, and the fact that the Defendant ought to consider the equity with the case of a violation of the Act on the Control of Narcotics, Etc., as stated in the judgment of the lower court, with respect to this part of the crime.
However, this part of the crime is likely to be criticized in that the defendant purchased and sold phiphones, and the nature of the crime is not less severe, and the defendant has already been punished seven times as a narcotics crime before the crime in this part, and the defendant is not aware of this part of the crime within a short period without being aware of it after the completion of the execution of the final sentence, and even after the crime in this part, he committed a drug crime.
In light of the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the sentence of this part of the lower court is too unreasonable.
B. There are extenuating circumstances to consider the defendant, such as the fact that the defendant recognized this part of the crime as to each of the remaining crimes in the holding of the court below and divided his mistake, and that the defendant contributed to the investigation of narcotics crimes.
However, this part of the crime was committed by the defendant, who received, administered, or possessed philophones, and the nature of the crime is not less than that of the crime, and the defendant has had the record of punishment for narcotics crimes nine times, and the defendant is not aware of the fact that the execution of the last sentence was completed and is still during the period of repeated crime.