A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. In light of the applicable law, the crime of this case is considered to be disadvantageous to the Defendant, and the Defendant appears to have committed the crime of this case in order to take care of his family in North Korea through Brazil, and the degree of the Defendant’s participation in the crime of this case or the fact that the Defendant’s actual gains from the crime of this case do not exceed the total amount of damage, etc. are favorable circumstances.

In full view of all the circumstances, such as the character and conduct of the Defendant, the environment and motive and means of the instant crime, the circumstances after the instant crime, etc., the lower court deemed that the sentence imposed by the lower court against the Defendant is reasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since the facts of the lower judgment are apparent that the phrase “ around October 2013” in Article 25(1) of the Regulations on Criminal Procedure is a clerical error in Article 25(1) of the Criminal Procedure Act, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.