마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The reasoning for the appeal (one year of imprisonment, two years of suspended execution) of the lower court is too unhued and unreasonable.
2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unaffortuous, in light of the following circumstances: (a) the Defendant led to the crime; (b) the Defendant has no record of being punished for the same kind of crime; (c) the intention of a short medicine exists; and (d) the Defendant appears to have been detained for a certain period of time due to the instant crime; (d) the purchase and medication of phiphonephones over two occasions; and (e) the nature of the crime is not easy; and (e) the response to the training of phiphones
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 200Da36442, Apr. 2, 200).