마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
1. The sentence of the lower court on the summary of the grounds of appeal (a 3-year period of suspended execution, observation of protection, 40-hours from pharmacologic treatment, confiscation, and collection) is too unfluent and unreasonable.
2. The fact that the defendant again committed the instant crime even though he/she was punished several times for the same crime is disadvantageous.
On the other hand, it is advantageous to the fact that the defendant's mistake is recognized and reflected, the ten years or more have passed since he was sentenced to a fine of 5 million won for the same kind of crime in 2006, and the defendant has no record of punishment exceeding the suspended sentence of imprisonment.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.