마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
The main reason for appeal is that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, four years of suspended execution, etc.) is too unhued and unfair.
Judgment
Each of the crimes of this case is that the defendant sells, administers, or possesses part of the philophones that he imported and sealed philophones, and the responsibility for the crime is heavy. Narcotics-related crimes are likely to have a serious adverse impact on society as a whole, such as impairing the health of the people or inducing another crime without being limited to preventing an individual from sustaining the body and mind of the individual. In particular, since the smuggling import of philophones is likely to cause additional crimes related to the proliferation of narcotics and narcotics, the fact that the criminal liability is far more severe than the crime due to simple medication, etc. is disadvantageous to the defendant.
On the other hand, the fact that the defendant confessions all of the crimes of this case and repents in depth, and that the defendant has no record of criminal punishment, etc. are favorable to the defendant.
The above circumstances, and all other sentencing conditions shown in the arguments in this case, including the defendant's age, sex, environment, and the crime No. 1 of the sentencing guidelines established by the Supreme Court Sentencing / [the scope of the recommended punishment / [the scope of four to eight years] export and import, manufacture, etc. / [the scope of the recommended punishment] No. 2 of the basic area [the scope of the recommended punishment / [the scope of the special sentencing person] No. 4 to seven years] of the basic area [the scope of the recommended punishment] No. 2 of the basic area (one year to two years), including the purchase and sale and brokerage of the two types (math, hemp, f.b., and c.) [the scope of the recommended punishment] [the scope of the punishment / [the scope of the recommended punishment] No. 3 types of crimes, including medication and simple possession of the sentence, and the lower court's final sentencing range of eight years to eight years, respectively].
Therefore, the sentencing of the prosecutor is unfair.