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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court on the summary of the grounds of appeal (a punishment of imprisonment with prison labor for three years, a suspended sentence of five years, an order to attend a community service order, confiscation, and additional collection) is deemed unreasonable compared to the Defendant’s liability.
2. The lower court determined the sentence in consideration of the circumstances favorable to the Defendant, taking into account the following: (a) the nature of the instant crime is not good; (b) the negative impact of the instant crime on society as a whole; and (c) the fact that the Defendant led to the confession of the instant crime; (d) the Defendant has no record of criminal punishment for the same type of crime; and (e) the amount of imported phiphonephones were seized and not distributed in full; and (c)
Although the court below sentenced the suspension of the execution of imprisonment with prison labor, which is less narrowly than the lower limit of the scope of the recommended sentencing guidelines according to the Supreme Court sentencing guidelines, the court below's determination of the sentencing of the court below in full view of the above factors, exceeded the limits of its discretion.
It is difficult to see that the judgment of the court below is unfair because it can be assessed excessively, and there is no obvious change in the sentencing condition that can correct the judgment of the court below.
We do not accept the prosecutor's unfair argument of sentencing.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.