마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
1. The reasoning of the appeal (e.g., a fine of five million won) by the lower court against the Defendant is too uneased and unreasonable.
2. Considering the grounds for sentencing indicated in the instant argument and records, namely, the background and mode of the occurrence of the instant crime, the Defendant’s criminal history and circumstances after the instant crime, etc., the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the Prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is groundless
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.