The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment for 10 months, 2 years of suspended sentence, 8,00 won of probation order, and 8,00 won of additional dues) that the court below sentenced to the defendant is too uneasible.

2. In light of the fact that the defendant not only smoked several times, but also possessed a large quantity of marijuana, and that the defendant has been sentenced to punishment, such as imprisonment for eight months and suspension of execution of two years by smoking, possession, and delivery of marijuana in the past, etc., the defendant's liability for the crime is not less than that of the defendant.

However, taking full account of the following factors: (a) the Defendant smoked and possessed marijuana only; (b) the Defendant did not spread marijuana; (c) the Defendant appears to have not acquired marijuana by affirmative means, such as cultivation and purchase; (d) the Defendant led to the confession and cooperation in the investigation of the instant crime; (c) the Defendant was punished for the instant crime in 2007; (d) the Defendant was not guilty of the same crime before the instant crime was committed; (e) the Defendant’s health is not good; (e) the Defendant was in a situation where the Defendant should not care for his wife; and (e) the criminal punishment for other crimes similar to the instant crime; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) other various conditions of sentencing as indicated in the records and arguments, such as the circumstances after the instant crime, it is difficult to deem

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.