마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, observation of protection, and instruction of pharmacologic treatment in the period of eight months of imprisonment) is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Considering unfavorable circumstances, such as the fact that the Defendant purchased a penphone, and that the Defendant attempted to administer a penphone with others, it is necessary to severely punish the Defendant.
However, prior to the instant crime, there is no record of punishment for narcotics crimes, and there is no record of criminal punishment other than the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the fact that the equity between the Defendant and the case of being tried at the same time as the offense of violation of the Act on the Management of Narcotics, Etc. for which judgment has become final and conclusive should be considered as favorable circumstances.
When comprehensively considering the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation of the lower court and the lower court, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, or to have been too unafed and unfair.
3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, the first head of the crime of the lower judgment, which stated in the first head of the crime of the lower judgment, “the Defendant was sentenced on December 7, 201, by imprisonment with prison labor for one year for a violation of the Narcotics Control Act at the Busan District Court, and a three-year sentence of suspension of execution was finalized on December 15, 2017.
In addition, the lower court’s decision on the application of the statute is 3 pages 6 and 7.