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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.
2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and the Defendant has the record of having been punished several times (4 times of imprisonment and one time of suspended execution) due to the same kind of crime. In particular, the Defendant committed the crime of this case without being aware of the fact that he committed the crime even though he was under the period of repeated crime due to the same kind of crime, and the amount of phiphonephone handled by the Defendant is not much enough. However, although there are unfavorable circumstances such as the Defendant’s confession of the crime of this case, the scope of recommending the sentencing guidelines of the Supreme Court on the crime of this case [basic crime: Sale and good offices of the narcotics crime group]
Pursuant to the recommendations for basic crimes (aggravated, aggravated factors: the previous crimes beyond a stay of execution of not more than three years): Imprisonment for one year and six months to four years, 1, and 2 concurrent crimes: the medication, simple possession, etc. of the group of narcotics crimes (affore).
The types of recommendations for concurrent crimes (the areas of medication, medication, and possession), 1, and 2 concurrent crimes (the aggravated elements: the same previous ones with a stay of execution not exceeding 3 years): Imprisonment with prison labor for 1 year to 3 years, and the scope of final recommendations according to the standards for processing multiple crimes: Imprisonment for 1 year to 6 months:6 months from June to 6 months): equity in the sentencing with the same and similar incidents; the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime; circumstances after the crime were committed; and all the conditions for sentencing specified in the records and arguments of the instant case, such as the circumstances after the crime, are deemed unfair, and thus, the prosecutor's assertion is without merit.
3. 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.
However, under Article 25 (1) of the Regulation on Criminal Procedure, ex officio, and among the application of the judgment of the court below, Article 1 of the Act on Criminal Procedure.