마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (a year of imprisonment with prison labor, three years of probation, observation of protection, community service, 160 hours and 100,000 won additional collection) is too unfeasible and unreasonable.
2. The judgment is based on the following: (a) the defendant is making a confession of the crime and is against the defendant; (b) the husband of the defendant wants to look at the defendant while leaving the defendant; (c) the defendant's child who has to look at the defendant is a favorable sentencing ground; (d) the defendant committed the crime of this case again within a short period of time after being sentenced to a suspended sentence of imprisonment for the same criminal offense; and (e) the fact that there are two times the records of punishment for the same crime are disadvantageous sentencing grounds.
The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes
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.