사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In light of the prosecutor’s grounds of appeal (unfair sentencing) the Defendants had the history of criminal punishment for the same kind of crime, the recovery of damage was not proper, and the victimized person wants to punish the Defendants, etc., it is unreasonable for the lower court to have imposed the Defendant A a fine of 1,00,000 won and the order of community service for 2 years and 120 hours under the suspended execution of imprisonment with labor for 6 months on the Defendant B, which is too uneased.
2. In full view of the facts alleged in the grounds of appeal, including the fact that the Defendants recognized the mistake, the amount acquired by Defendant A is relatively small, the fact that Defendant B partly compensated for damage, and all of the conditions of sentencing as shown in the records and arguments of this case, such as the Defendants’ age, sex, criminal conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, even if considering the circumstances alleged in the grounds of appeal, the above assertion is without merit.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.