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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and observation of protection) imposed by the court below on the defendant is too unfasible and unfair.
2. On March 23, 2015, the Defendant, who had the same criminal record and two times of judgment, was sentenced to the suspension of indictment from the prosecutor on March 23, 2015 and was receiving rehabilitation treatment.
In the I hospital, the philophones are administered and possessed at the I hospital, and the responsibility for the crime is not against the law.
However, there is no record of punishment for the same crime since the defendant was sentenced to six months of imprisonment for the same crime in 2002.
Considering the characteristics of narcotics crimes that are difficult to eradicate due to strong toxicity, the defendant seems to have taken care of the family after release and raise his/her children.
그러다가 남편, 시댁과의 갈등으로 우울감, 환청, 망상, 피해사고 등 정신병적 증상을 앓아 오던 중 이 사건 범행에 이른 것으로, 통상의 마약사범이 재범하는 경우와는 그 범행동기를 달리 볼 필요가 있다.
At present, the symptoms of the defendant have been shown as he has consistently been treated with pharmacologic treatment for mental diseases.
It is clear that there is a ties between the family members, such as the husband who has a child aged 6 and 8 who is under one's own business, and the husband who is under one's own business wants the wife of the defendant.
If we consider the future of young children, it seems that the defendant will not repeat the crime in a rush manner.
Comprehensively taking into account such various circumstances as the Defendant’s age, sex, motive, means, and consequence of a crime, as well as various circumstances that are conditions for sentencing, it is reasonable to give the Defendant an opportunity to stop narcotics with his own will while carrying out mental treatment and protection observation within society instead of being isolated from society.
Therefore, the sentence of the court below is appropriate and too.