A. The sentence imposed by the lower court (unfair sentencing) is too unreasonable and unfair. The sentence imposed by the Defendant (a year of imprisonment, 2 years of suspended sentence, 200 hours of community service, confiscation, 35,986,80 won) is too unreasonable.

B. The above punishment sentenced by the prosecutor (unfair sentencing) by the court below is unreasonable as it is too unhutiled.

2. Determination

A. The lower court considered the following facts: (a) the Defendant was subject to a conditional suspension of indictment on the completion of education at the Busan District Public Prosecutor’s Office on October 26, 2016; (b) the Defendant again committed the instant narcotics, under favorable circumstances; (c) the Defendant appears to have purchased marijuana for the purpose of smoking together with other people, not only for the purpose of distributing the body and mind of an individual, but also for the arrest of accomplices, as it is highly likely to have a serious adverse effect on society as a whole, such as impairing the health of the public or inducing other crimes; and (d) the Defendant requires punishment corresponding to its liability; (e) the frequency of the commission of the purchase; and (e) the frequency of the purchase and the number of marijuana purchased; and (e) the fact that the Defendant purchased and administered marijuana and psychotropic mental medicine; and (e) he again committed the instant narcotics.

B. In addition to these circumstances, the lower court determined a sentence by comprehensively taking into account all factors of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

B. Such sentencing by the lower court seems to have been conducted within the reasonable scope of discretion by comprehensively taking into account all the circumstances related to sentencing, which were revealed in the process of the instant pleadings.

The circumstances alleged by the defendant and the prosecutor in the trial are shown to have been fully considered in the original trial. There are special changes in circumstances that make it possible to change the sentencing of the original court, or there are circumstances in which the sentencing of the original court is deemed to be unfair.