The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the court below (two years of imprisonment and six months of suspension of execution, etc.) is too unhued and unfair;

2. The crime of this case is committed in collusion with accomplices, and thus, the defendant imported phiphones in China. The crime of narcotics, etc. is highly likely to have negative influence on society as a whole, and furthermore, the crime of smuggling is likely to cause an additional crime resulting from the spread of narcotics, etc., which is disadvantageous to the defendant.

However, taking into account the following factors: (a) the Defendant recognized the instant crime and reflected in depth the mistake; (b) the Defendant was involved in the instant crime in order to receive a monthly salary from E, an accomplice; (c) there are parts to be considered in the motive and circumstances of the crime; (d) the Defendant did not lead the commission of the crime; (c) the Defendant did not have led to the commission of the instant crime; (d) the amount of the penphone imported by the Defendant was not large; (d) the amount of the penphones imported by the Defendant was not distributed to many and unspecified persons; (e) the Defendant did not have gained profits by the instant crime; and (e) the Defendant did not have any history of punishment exceeding the same criminal power and fine; and (e) other circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (e) the motive and method of the crime; and (e) the sentencing guidelines for the establishment of the Sentencing Committee.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.