마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
1. The reasoning of the appeal is that the sentence of the lower court (eight months of imprisonment and two years of suspended execution) is too unfluent and unreasonable.
2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the following conditions: (a) the confession of the crime, the fact that the Defendant is a confession of the crime, the fact that there is no criminal punishment, and the fact that the Defendant could have been detained for more than two months in the instant case; (b) the possession, smoking, and receipt of marijuana, and that the nature of the crime is not less light; and (c) the emotional response to the training of marijuana, etc. as a result of the assessment
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.