The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime committed around August 21, 2015 constitutes a self-denunciation under Article 52(1) of the Criminal Act.

B. The punishment sentenced by the lower court (one year, four months, and additional collection) is too heavy.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the records, the Defendant reported to the police that “the Defendant’s wife or a third party included the phonephone in his own drinking.”

Therefore, it does not constitute self-denunciation.

On the other hand, as long as the defendant does not fall under the self-denunciation, the defendant recognized the fact of administering phiphones at the time of investigation by the prosecution

Even if there is no room for new self-denunciation (see, e.g., Supreme Court Decisions 93Do1054, Jun. 11, 1993; 99Do2443, Sept. 21, 1999). 2) Even if a domestic defendant voluntarily surrenders, it is merely that the court can voluntarily reduce the punishment for the self-denunciation. Thus, it cannot be said that the court below's failure to reduce the punishment or failure to render a judgment on the assertion for mitigation of self-denunciation is illegal (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). Even if examining the contents of the instant crime, the statement of the defendant, the circumstance behind the statement of the defendant, etc., there is a reason for mitigation of self-denunciation.

It is difficult to see it.

3) Therefore, the defendant's above assertion is without merit.

B. As to the wrongful argument of sentencing, the Defendant led to the confession and mistake of all the instant crimes, and cooperated with the investigation by the investigation agency.

(1) However, prior to the instant crime, the Defendant had been already subject to nine or more times of punishment for the same kind of crime.

② The Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act, and released on December 24, 2014, but committed the instant crime during the repeated crime period.

(3) Furthermore, on August 21, 2015, the Gu or the Defendant is under trial on the medication of phiphones.