마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable that the sentence imposed by the court below on the defendant (one year and two months of imprisonment, three years of suspended execution, three years of probation, community service, 120 hours of imprisonment) is too uneased.
2. Although the Defendant had a history of having been punished several times by imprisonment with prison labor due to the crime related to phiphones, the crime related to phiphones after 2007 was first committed by the Defendant, and the Defendant was detained twice near the two months due to the instant case, taking into account the following circumstances: the Defendant’s age, character and conduct, the motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.