마약류관리에관한법률위반(향정)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (one year and six months of imprisonment, and two hundred thousand won of additional collection) is too unfluent and unreasonable.
2. The crime of this case is a case where the Defendant committed a crime of obscenity and property damage in a state where the Defendant administered phiphonephones, and the crime of this case is a case where the narcotics crime has been punished several times as a crime of the same kind, and the Defendant committed the crime of this case without stimuling any stimulous suspicion during the period of the same repeated crime.
However, there are more favorable circumstances such as the fact that the defendant led to the crime of this case and repented his mistake, that the victim of the crime of damage to property does not want the punishment of the defendant, and that the victim himself was faced with himself during the prison life, and that he shows his intention to do so.
In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.