마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
1. The lower court’s punishment (ten months of imprisonment and two years of suspended execution) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.
2. Although the judgment of the court below has been 5 times the previous case and the amount of marijuana possessed by the defendant is not significant, the defendant is led to the crime, there is no record that the defendant has been punished for the same kind of crime for the last 5 months, the defendant was detained for a period exceeding approximately 4 months at the court below, and other factors of sentencing, including the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, are too unreasonable and it is not deemed unfair.
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. It is so decided as per Disposition.