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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The crime of this case is deemed to have purchased 2g of philophones over two occasions, administered philophones over three occasions, and the nature of the crime is considerably poor in light of the method and content of the crime, and the crime related to narcotics, etc. has a serious adverse impact on society as a whole, such as impairing the public health and inducing other crimes, even though it is deemed necessary to punish the crime, it is deemed to have already been considered in the sentencing of the court below.
In addition, considering the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant committed the instant crime; (c) the volume of the penphone handled by the Defendant is not large; (d) the Defendant has no record of being punished in Korea; and (e) there is a family member to support the Defendant; and (e) the equity in sentencing with similar and similar incidents; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; (b) the motive and circumstance of the instant crime; and (c) the circumstances after the commission of the crime, etc., it is not recognized that the lower court’s
Therefore, the prosecutor's above assertion is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Rules on Criminal Procedure, the phrase “Article 30 (the point of the joint administration of philophones)” shall be deemed to read “Article 30 (the point of the joint administration of philophones) of the Criminal Act and the choice of imprisonment,” and shall be corrected to delete “each” under 3 lines below the same page.