The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is deemed to be too unhued and unfair.

2. The determination of narcotics, etc. is highly likely to have a negative impact on the physical and mental health of members of the community, in particular, the smuggling import of narcotics, etc., such as the instant crime, is likely to cause the spread of narcotics in the Republic of Korea and the occurrence of additional crimes resulting therefrom, and thus there is a need to strictly punish them compared to simple medication. The Defendant’s quantity of penphones imported closely by the instant crime is 2060.5g, the amount of which is considerable and considerable, and the Defendant is not obliged to commit a crime. The Defendant is disadvantageous to the Defendant, as he has been under investigation into accomplices for a prolonged escape life while he was under investigation.

However, taking into account the following circumstances: (a) the Defendant recognized the instant crime, and the Defendant’s participation in the instant crime is difficult to view that the degree of participation in the instant crime is significant; (b) the Defendant was seized and has not been distributed actually; (c) the Defendant had no record of being punished for the same type of crime; (d) D, an accomplice of the instant case, was sentenced to imprisonment for three years and six years; and (e) C determined the sentence against the Defendant by a sentence for three years in imprisonment; and (c) the sentence against the Defendant should be taken into account in determining the sentence against the said accomplices; and (d) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime; and (e) the sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances before and after the instant crime, it is difficult to deem that the sentence imposed by the lower court

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.