All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment for eight months, the suspension of the execution of two years, the probation, and the pharmacologic treatment of 40 hours, confiscation, and collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment, as the materials for new sentencing have not been submitted in the trial and the sentencing have not been changed compared with the lower court. In addition, considering all of the following factors: Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, the circumstances before and after the crime was committed, etc., the lower court’s sentencing is too weak or too unreasonable, and thus, it is not recognized that the lower court’s sentencing exceeded the reasonable scope of discretion.

3. Wherefore, the appeal by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, among the judgment below, it is clear that the following "(b) is omitted" in the following subparagraphs of Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., in the column of the application of the law in the second sentence, and therefore, it is corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.