The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years and six months of imprisonment, confiscation, and collection) imposed by the court below on the defendant's assertion is too unreasonable.

B. The Prosecutor’s assertion that the above sentence imposed by the lower court is too uneasible and unreasonable.

2. It is clear that there is a need for strict punishment against the defendant, considering the fact that the defendant administered multiple phiphones, recommended other persons to administer phiphones, and imported a large amount of phiphones, etc.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant led to the confession of all crimes, the fact that the defendant does not seem to have received a penphone for the purpose of sale or distribution, the fact that the defendant has no record of crime, and the defendant's act of having no record of being detained in Korea for a long time as there is no other family member in the country, there is a concern that it might be excessive difficulty to his father who has mental problem. However, even though the court below set a short-term term above the minimum limit of the recommended range of punishment according to the sentencing guidelines of the Supreme Court, and even if there is a need for strict punishment against the defendant as seen earlier, the punishment imposed by the court below cannot be deemed to be unfair because the punishment imposed by the defendant is too unreasonable compared to the degree of

The prosecutor's assertion of unfair sentencing does not accept the defendant's assertion of unfair sentencing.

3. According to the conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is

【Grounds for the judgment to be used again】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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