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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 8 million, additional collection of KRW 6,000), which the court below rendered, is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ from
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Around 2017, the Defendant, despite being suspended from indictment for the same kind of crime, is not aware of the fact that he/she smokes marijuana over two occasions, is disadvantageous to the Defendant.
However, taking into account the favorable circumstances, such as the fact that the defendant recognized the crime in the investigative agency and against his mistake, that the defendant had no record of criminal punishment in addition to the punishment of a relatively minor fine twice for a crime of double-class crime, that the defendant smokes marijuana, that the defendant did not spread it, and that he did not obtain it by means of active methods, such as cultivation and purchase, etc., and other factors of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, the circumstances leading to each of the crimes of this case, and the circumstances after the crime, it is difficult to deem that the court below's punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.