Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and six months of imprisonment, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court, based on the circumstances favorable to the fact that the import of phiphones is likely to cause the spread of narcotics and the additional crimes resulting therefrom, and the amount of phiphones imported by the Defendant is not large, and the method of committing the crime is considerably specialized. However, the lower court determined the sentence by taking into account the following factors: (a) the seizure of phiphones imported by the Defendant is not distributed in Korea; (b) the Defendant recognized the instant crime; and (c) the Defendant reflects the fact that there was no record of punishment in Korea

In full view of such circumstances, sentencing guidelines and other factors as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in full view of all the following factors: (a) the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion.

There is no change in sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is.

Therefore, since the sentence of the court below is too heavy or it cannot be deemed unfair because it is too heavy, it does not accept all the unfair arguments of the sentencing of the defendant and the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit