The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) is too unfeasible that the punishment (ten months of imprisonment, two years of suspended sentence, 40 hours of an order to attend pharmacologic treatment courses, and additional collection 22,00 won) sentenced by the court below is too unfasible.

Judgment

Each of the crimes of this case is that the defendant received marijuana more than four times even though he is not a person handling narcotics, and smoked marijuana more than twice, and narcotics-related crimes are not less than that of the crime in terms of social harm and risk of recidivism, and that of the crime. The defendant was sentenced to suspended execution for the crime of violation of the Act on the Control of Narcotics, etc. (hereinafter "the Act on the Control of Narcotics, etc.") in 2003, and again committed the crime of this case even though he had the record of being sentenced to imprisonment for 6 months for the same crime in 205, and there is a need for a strict punishment of the defendant due to multiple criminal records.

However, in full view of all the circumstances that are the conditions for the sentencing of this case as indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s above assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.