마약류관리에관한법률위반(향정)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the sentence of the lower court (three years of probation, 80 hours of probation, and an order to attend pharmacologic treatment, 200 hours of community service order, confiscation, and additional collection) is too unfluent and unreasonable.
2. Determination
A. According to the records, the court below sentenced the punishment in consideration of various sentencing reasons, such as the fact that the number of penphones and marijuana in his possession is considerably high, that there are some parts that are not biased in the statement about the process of acquisition, that there are errors, that there is no record of punishment for the same crime, that there is no record of re-offending, and that there is no record of re-offending.
B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal 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.