마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The summary of the reasons for appeal (unfair sentencing) is that the sentence of imprisonment of the court below (one year of suspension of execution, two years of probation, observation of protection, order to attend education, collection of penalty) is too uneasy and unreasonable.
2. The fact that the defendant continuously purchased and administered philophones for more than one year is disadvantageous to the defendant.
However, there are extenuating circumstances that are favorable to the defendant, such as the fact that the defendant is against the crime of this case, cooperation with the investigation of the related persons, and the fact that there is no criminal history. In full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unfeasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.