The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Each of the crimes of this case in question is the circumstances unfavorable to the Defendant, where each of the crimes of this case is likely to cause the circulation of narcotics, medication, and other kinds of crimes resulting from the importation of scopphones in the Philippines and the Republic of Korea, and thus the nature of the crime is inferior, and narcotics crimes threaten not only individuals but also the public health and social safety. In particular, the importation of narcotics, etc. is highly likely to cause severe punishment.

However, in light of the fact that the defendant has no criminal record of the same kind of crime, and there is no criminal record of the suspended sentence or more after 1996, all of the crimes of this case were committed and the mistake is divided in depth, and the quantity of imported penphonephones is small amount of 0.32g, it appears that they are used for administration rather than for distribution purposes, and all of them are seized and not distributed in Korea, the defendant is the most likely to support his wife and two children, the fact that the defendant has been supported by investigation activities as a civilian interpreter and has been engaged in economic activities in good faith is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, home environment, motive and background of the crime, means and methods of the crime, and various sentencing conditions as shown in the instant pleadings, including the circumstances before and after the crime, etc., the lower court’s sentencing range according to the sentencing guidelines (one to eight years of imprisonment) is not recognized as being too unjustifiable, and thus, the Prosecutor’s assertion of unfair sentencing 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.