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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (one year of suspended execution for three years of imprisonment, one year of additional collection for 3,00 won) is too uneased and unreasonable.
2. The lower court determined that: (a) the Defendant was sentenced to punishment against the Defendant; (b) the Defendant imported a large quantity of ls from USD 3,350 to USD 200 in return for the payment of the amount of ls in Korea; and (c) the Defendant committed a smoking offense separately; (b) under favorable circumstances, ls are neither seized nor distributed at the time; (c) the Defendant was a person with multiple nationality who has both the nationality of the Republic of Korea and the U.S. nationality, and was living in the U.S. in the U.S. market; and (d) the Defendant was able to commit each of the instant crimes under the circumstances where the use of the symbol for marijuana was legally recognized at the time of the crime of smoking; (b) the Defendant appears to have committed each of the instant crimes under the circumstances where the perception of illegality was somewhat weak; (d) the Defendant was the first offender; and (e) the Defendant was aware of all of his criminal acts from the investigation team to provide the person who provided ls to him with the investigative agency with personal information; and (e) took account of his fault.
Considering the circumstances alleged by the prosecutor as the grounds of unfair sentencing are already reflected in the lower court’s sentencing determination, and in other circumstances that are the conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it is difficult to deem that the lower court’s sentence was too unfeased and exceeded the reasonable scope
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.