Defendant

All A and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against Defendant A (three years of imprisonment) is too unreasonable.

B. The sentence of the lower court against the prosecutor (Defendant B: 3 years of suspended sentence in 2 years and 6 months of imprisonment) is too uneased and unreasonable.

2. Determination

A. The crime of this case against Defendant A is committed by Defendant A, in collusion with B, etc., by importing phiphonephones into the Republic of Korea through SNS advertisements, etc., and is committed under a brupted rophones. The crime of this case is committed under a brupted rophones, and the crime is likely to cause the spread of narcotics and additional crimes resulting therefrom, and requires strict punishment. The amount of smuggling imported rophones is considerably large of 496g, and the Defendant was subject to juvenile protective disposition several times due to the crime of druplicating hallucinogenic substances violation of the Toxic Chemicals Control Act (hesting hallucinogenic substances).

On the other hand, the following facts are favorable to the defendant: (a) the defendant recognized the crime of this case; (b) the fact that the smuggling imported phiphones were seized and not distributed actually; and (c) the fact that the defendant has no record of criminal punishment other than that of juvenile protective disposition prior to this case.

When comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, career, sexual conduct, environment, motive and background of the offense, means and method of the offense, and the consequences thereof, the court below’s sentence against the Defendant was excessively heavy or unbrupted so as to have exceeded its discretion in sentencing.

It does not appear.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

B. The instant crime against Defendant B was committed by the Defendant in collusion with SNS advertisements, etc., and was committed by the Defendant through the SNS advertisements, etc., and was the crime of smugglinging the philophones into the Republic of Korea. The Defendant’s importation of philophones is the crime committed under the brupting system, and the spread of narcotics and its resulting importation.