관세법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the sentence of the lower court [one year of imprisonment (two years of suspended execution), additional collection, and 80 hours community service] is too unfasible.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.
It does not appear.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.