Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (a year of imprisonment, confiscation) is too unfased and unreasonable.
2. The crime is not likely to be committed in that the defendant tried to acquire by fraud a large number of tax-free shop goods, etc. by entering the country with a planned large number of forged credit cards.
However, in light of the following: (a) the fact that the Defendant recognized the mistake of the Defendant; (b) the period of the instant crime is relatively short and large; (c) the damaged items are detained in the Korea Customs Service; and (d) the profits earned by the Defendant appears to have been recovered from a large number of damages due to being detained in the Korea Customs Service; (b) the motive and background leading up to the instant crime; (c) the details of the relevant crime; (d) the circumstances after the commission of the crime; (d) the Defendant’s age, sexual behavior, environment, etc., the sentence of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.
The above argument is without merit.
3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.