The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (public prosecutor) is that the sentence imposed by the court below (three years of imprisonment (four years of suspension of execution of imprisonment), and confiscation (four years of suspension of execution of imprisonment), is unreasonable.

2. The Defendant attempted to import philophones in a professional and sealed manner that conceals philophones from the bottom and the scarphones in the scarphones.

After the Defendant was exposed to a crime, the Defendant changed the details of the importation into several times, resulting in confusion in the investigation process.

These narcotics crimes are highly harmful to society as they are not easy to detect due to their characteristics, and they can not only avoid the body and mind of an individual, but also cause a crime derived therefrom.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant seems to have recognized all crimes during the trial of the court below.

The defendant has no criminal history of the same kind of crime.

The amount of penphones imported by the defendant is 5.3g and the size is not large.

The whole amount of sealed philophones were seized and not distributed on the market.

The above is the circumstances favorable to the defendant.

As above, comprehensively taking account of the various circumstances that form the conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, along with the factors favorable or unfavorable to the Defendant, it cannot be deemed that the sentence (three years of imprisonment (four years of suspended execution) imposed by the lower court is too unreasonable and unfair.

The prosecutor's above assertion cannot be accepted.

3. The prosecutor’s appeal of conclusion cannot be accepted, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.