The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too unfilled and unfair.

2. Although the number of ginseng seeds carried out without the approval of the Minister of Agriculture and Forestry, the Defendant appears to have caused the instant crime due to the site for the statutes in which the Defendant had been in force, and the Defendant attempted to take out the ginseng seeds in an unlawful way in the process of customs clearance, and there are no circumstances that the Defendant had been punished for the same kind of crime, the Defendant’s participation in the instant crime, the degree of the Defendant’s age, sex behavior, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair, by taking full account of various circumstances, including the following factors:

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.