The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a punishment of one year and two months, and an additional collection of two hundred thousand won) is deemed to be too uneasy and unfair.

2. The crime of this case is acknowledged that the defendant purchased and administered philophones even though he is not a narcotics handler, and obstructed hotel business in the state of medication of philophones. The defendant, although he had been punished three times (one time of actual punishment, one time of suspended execution, and one time of fine) for the same crime, he went back to the crime of this case without being aware of it during the repeated crime due to narcotics crime, and the crime of this case is not appropriate in light of the nature of the crime, the degree of addiction is deemed to be inappropriate in light of the result of the defendant's maternity appraisal, etc., and it seems that it is necessary to isolate from society for a certain period of time.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) informed the Defendant of the fact that he/she is going against the instant crime; (c) provided cooperation with the investigation agency by informing the Defendant of the fact that he/she sold phiphonephones; (d) was involved in the purchase and simple medication; and (e) the Defendant’s age, sexual conduct; and the motive, means, and results of the instant crime; and (e) the circumstances after the commission of the crime; and (e) other circumstances that form the conditions for the sentencing as

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.