마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, 40 hours of taking courses for probation and pharmacologic treatment, confiscation and collection) is deemed to be too uneasy and unreasonable;
2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.
In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.
In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, etc. of the defendant as shown in the arguments of the court below and the party branch, the sentence of the court below is deemed unreasonable because it goes beyond the reasonable scope of discretion.
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.