The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty, 200 won in penalty, 200 won in penalty) is too uneased and unreasonable.

2. The crime of this case is that the defendant smokes marijuana, and the criminal liability for the crime of this case is minor.

It is difficult to see that the crime of narcotics such as this case is detrimental to society, and the fact that a serious punishment is required is disadvantageous.

However, there are more favorable circumstances such as the Defendant’s confession of the instant crime, and there is no criminal history exceeding the same criminal record or fine to the Defendant, and the Defendant’s smoking of marijuana only did not spread large horses, and it appears that the Defendant did not acquire marijuana by the affirmative method such as the purchase of cultivation.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That Article 60(1)4(a) of the Act on the Control of Narcotics, Etc. applies ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure to Article 61(1)4(a) of the Act on the Control of Narcotics, Etc.