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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment, two years of suspended sentence, 40 hours of probation and pharmacologic treatment) is deemed unfair.
However, there is a disadvantage to the defendant, such as the fact that he was in custody of a somewhat large number of marijuana.
However, considering the following circumstances, the lower court’s sentencing is too uneasible and unreasonable, considering the following factors: (a) the same criminal record is against one another; (b) two times; (c) the health situation is not good; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.