The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the punishment (12 million won in penalty) declared by the court below is too uneasible.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is recognized as follows: (a) in light of the addiction to narcotics and the harm, etc. caused by the administration of narcotics by the administration of phiphonephones given by the Defendant from another narcotics offender, it is necessary to strictly punish and eradicate the relevant narcotics offender; and (b) the Defendant committed the instant crime even though he was under the suspension of the execution of imprisonment with prison labor for a dual offense, despite being sentenced to the suspension of the execution of the sentence.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and reflects his mistake; (b) there is no record of criminal punishment for the same crime; (c) most of the hairs taken from the Defendant (each section of 3 to 6cc, 6 to 9cc, 9 to 9cc, and 9 to 12cc, excluding the mother-3cm section); (d) the use of phiphones was not detected; (b) the Defendant had already been detained for about 3 months due to the instant crime; (c) the Defendant’s family members and branch are in need of active support; (d) the Defendant’s family members and branch want to go through the Defendant’s wife; and (e) there is no other special change of circumstances that may be newly considered after the sentence of the lower judgment; and (e) all the sentencing conditions expressed in the oral proceedings, such as the Defendant’s age, sex, environment, method and method of the crime; and (e) the result after the crime, etc., all the sentencing conditions given after the crime, it cannot be deemed unreasonable.

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 appeal is without merit. It is so decided as per Disposition.