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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. As to each sentence (Defendant A: Imprisonment with prison labor for one year and six months, confiscation, Defendant B’s imprisonment for 10 months, and confiscation) sentenced by the first instance court on the summary of the grounds for appeal, the Defendants asserts that the above sentence is too unreasonable, and that the prosecutor is too uneasible and unfair.
2. We examine both the Defendants and the prosecutor’s assertion of unfair sentencing.
The Defendants’ mistake is divided, and the Defendants’ crime related to smuggling was discovered in the course of distribution, and the Defendant A’s crime of smuggling import of counterfeit goods was also discovered in the process of customs review, and the fact that the smuggling tobacco or counterfeit goods are not distributed in the market is not actually distributed in the market, and the profits acquired by the Defendants seem to be almost little, etc. are favorable to the Defendants.
However, the Defendants committed the instant crime even though they had been punished several times for the same kind of crime, and in particular, Defendant B committed the instant crime during the suspension period of the execution of the same kind of crime, etc. is an element of sentencing unfavorable to the Defendants.
In addition, comprehensively taking account of the various circumstances such as the Defendants’ respective ages, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., it is difficult to deem that the sentence imposed by the first instance court is too heavy or unreasonable because it goes beyond the scope of the sentencing discretion.
Therefore, both Defendants’ assertion of unfair sentencing and prosecutor’s assertion of unfair sentencing are rejected.
3. In conclusion, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.