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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the court below (10 months of imprisonment and confiscation) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
It is necessary to strictly punish because the distribution of so-called large chips or large chips that provide mobile communications services for another person's communications has a great social harm, such as using them for another crime or using them as illegal means.
The Defendant committed the instant crime in addition to about six months after he/she was sentenced to punishment for the act of selling phones.
Such circumstances are disadvantageous to the defendant.
However, the defendant is showing the attitude to make a confession of all the crimes of this case and to reflect his mistake in depth.
The defendant seems to have actively cooperated with the relevant investigation by providing information to the largephone distributor in the investigative agency.
It is difficult to say that the number of large chips that are found to have been sold by the defendant is only two, and it is difficult to say that the number of large chips handled by the defendant is also 12.
Such circumstances are favorable to the defendant.
In light of these circumstances, there are no special circumstances or changes in circumstances that may be newly considered in sentencing at the appellate court, and all the sentencing conditions in the records and arguments of this case, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.
Therefore, we cannot accept all the defendant and prosecutor's argument.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.