The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the lower court rendered against the Defendant is deemed to be too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The frequency of smuggling export and import and the amount of gold in this case are very large and the amount of illegal profits therefrom are expected to not be much, the crime was committed systematically and systematically, and the role of the defendant was not somewhat weak as a means of mass transport. However, even though the defendant recognized the crime in this case, there is no criminal history other than once a fine, and the defendant has no other criminal history except this type of fine, and considering all the sentencing conditions expressed in oral arguments, such as the defendant’s age, character, environment, means and method of crime, result, etc., the punishment that the lower court imposed on the defendant cannot be deemed to be too unreasonable.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, 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 (Article 189 of the Criminal Procedure Act on the costs of lawsuit).