사기
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) sentenced by the court below (eight months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.
Judgment
If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted at the trial court; and (b) in full view of the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the records and the trial process of this case, the lower court’s sentencing is too unhued and thus, is deemed to have exceeded the reasonable scope of discretion.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.