마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 10,000,000, the penalty amounting to KRW 100,000) is too uneased and unreasonable.
2. The court below determined the above punishment against the defendant on the grounds stated in its reasoning, and the defendant committed the crime of this case during the suspended execution period for the same kind of crime, and the circumstances alleged by the prosecutor on the grounds of the unfavorable sentencing in the trial at the court below, such as the defendant committed the crime of this case at the same time, are deemed to have been sufficiently taken into account while determining the punishment at the court below. In light of the fact that the defendant is under the net order of the crime of this case and the parent of the old age and the children whose health status are not good, and that the crime of this case is a simple medication crime at one time, the judgment of the court below exceeded the reasonable scope of discretion because the judgment of the court below is too unfford
shall not be appointed by a person.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.