마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. Although the gist of the grounds for appeal is unreasonable, the sentencing of the court below (one year and two months of imprisonment, two years of suspended execution, confiscation, additional collection 2.1 million won, one year of probation, and 40 hours of order to attend a course) is too unfford in light of the amount of penphones handled by the defendant, although the defendant was not subject to punishment for narcotics crimes.
2. Although the prosecutor’s decision on the grounds for appeal is not acceptable, on the other hand, the circumstances alleged by the prosecutor as the grounds for appeal are not acceptable; on the other hand, the defendant recognized his mistake and reflects his depth; the defendant has no record of being punished as a narcotics crime prior to the instant case; the defendant appears to have been making efforts to imprisoncate the defendant’s family members; and the defendant’s family members are also seeking to assist the defendant’s imprisoncing; and other circumstances, such as the defendant’s age, character, character, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., even if considering the circumstances alleged by the prosecutor as the grounds for appeal, it is not recognized that the defendant’s punishment imposed by the court below is too uneasible and unreasonable, and thus, the prosecutor’s assertion has no merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.