마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment, two years of suspended sentence, 40 hours of probation and pharmacologic treatment) is deemed unfair.
Considering the fact that the amount of narcotics used to commit the instant crime is not large, it is against the fact that there are the same criminal records, but 2002 years, and all other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, etc., the sentencing of the lower court cannot be deemed unfair because the sentencing of the lower court is too unreasonable.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.