마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and additional collection) is deemed to be too unhued and unreasonable.
2. The misuse or abuse of a mental medicine is highly likely to cause harm to an individual and society, and there is a serious harm that leads to the occurrence of various crimes by encouraging illegal drug transactions, and thus, it is necessary to strictize it. The Defendant purchased phiphones on two occasions, and administered them together with the scams, etc., which are disadvantageous to the Defendant.
However, in full view of all the sentencing conditions in the records of this case including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasy and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.