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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (the penalty of 10 months, 1700,000 won) is too unreasonable.
2. It is recognized that the defendant has no criminal record of the same kind, that the defendant shows a positive intention to treat addiction, and that he/she has a family member to support (parent).
However, the crime related to narcotics, etc. is a criminal with a significant adverse effect on the whole society as well as the relevant individual due to its toxicity, and the defendant purchased philophones over several occasions, and the amount of philophones purchased by the defendant is so heavy that the nature of the crime is excessive.
The accused has the past record of criminal records, such as criminal records, which have been committed on account of these crimes.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.
Therefore, the defendant's assertion is without merit.
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.