Text
Defendant
All A and prosecutor appeals are dismissed.
Reasons
Defendant
The grounds for appeal by A are too heavy for the judgment of the court below. On the other hand, the defendant A's defense counsel asserted that No. 1 (one Samsung Smartphone) is not a mobile phone for personal use, not a "businessphone" but a "businessphone," and thus, it is not subject to confiscation. However, since the defendant appears that he/she used the above smartphone to communicate with the defendant E and conspired to commit the crime of this case, the above smartphone is an object provided for the crime of this case.
Therefore, the court below erred by misapprehending the legal principles as to confiscation.
shall not be deemed to exist.
The reasons for the prosecutor's appeal are that the court below's sentence against the defendants is too minor.
However, considering the circumstances revealed in the reasons for sentencing and the conditions of sentencing as shown in the record, it is not recognized that the sentencing of Defendant A is too heavy, or that the sentencing of the lower court against the Defendants is too uneasible because the sentencing of the lower court is too uneasible.
Defendant
All A and prosecutor appeals are dismissed.