All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. A summary of the lower judgment: (a) the Defendant imported approximately KRW 2,981g of 259,347,000 of philophones from Lao to the Republic of Korea by citing bags for travel containing philophones as aircraft freight.

[Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( native) was prosecuted as the facts charged, and the lower court convicted the Defendant of the charges, and sentenced the Defendant to forfeiture of five years of imprisonment and seized penphones and means of transport.

B. The summary of the grounds for appeal 1) The above sentence (five years of imprisonment, etc.) imposed by the Defendant by the lower court is too unreasonable. 2) The above sentence imposed by the lower court by the Prosecutor is too uneasible and unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

In cases where there is no change in the conditions of sentencing compared to the original judgment, or the sentencing of the original judgment does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

1 Unfavorable normal crimes of this case are those committed by the Defendant in connection with an insular phone international smuggling, and play a role of transporting a large quantity of phiphones into the Republic of Korea, and are not highly likely to commit the crime in light of the water method, size, interview and interview, etc.

Crimes involving narcotics shall be administered.