마약류관리에관한법률위반(대마)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. The crime of this case is a case in which the defendant smokes marijuana twice, and such a narcotics crime is not easy to detect due to its characteristics, and it is necessary to punish strictly because it has a significant negative impact on society as well as high risk of recidivism.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects on the fact that the Defendant was committed; (b) the Defendant was able to voluntarily attend the police by hearing the statement that she was investigated by the police while smoking marijuana; (c) the Defendant was the first offender who was not subject to criminal punishment in the past; (d) there was no circumstances or changes in circumstances that may be newly considered in sentencing after the lower judgment was pronounced; and (e) the Defendant’s age, character and conduct, environment, background leading to the instant crime; (c) the means and consequence of the instant crime; and (d) the circumstances after the commission of the crime; and (e) all other circumstances that are conditions for sentencing as shown in the trial process, such as
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.