The punishment of the court below (one year of imprisonment, five years of probation, 80 hours of pharmacologic treatment) is too heavy or unreasonable.

Judgment

The crime of this case is an element of sentencing unfavorable to the Defendant, in light of the following: (a) the Defendant administered or smokes psychotropic drugs by administering, smoking, and importing or smoking synthetic marijuana, which is temporary psychotropic drugs, is very bad; and (b) narcotics-related crimes need to be strictly punished in light of the harm inflicted on society and the risk of recidivism; and (c) the fact that the amount of temporary psychotropic drugs imported by the Defendant is not significant.

On the other hand, the following are favorable factors: (a) the Defendant recognized all the facts charged in the instant case; (b) the Defendant did not have the same criminal record; (c) the Defendant appears to have been detained for three months in the lower court due to the instant crime; and (d) the Defendant’s temporary psychotropic drug importation is not intended to distribute it to a third party; and (c) it is deemed that

In addition, considering the sentencing data and the sentencing guidelines set forth in the court below, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., and the circumstances after the crime, it cannot be deemed that the sentence of the court below is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.