사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.
2. In full view of the following facts: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant appears to be not a planned crime; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s suspended execution of imprisonment with prison labor for the Defendant does not seem to be unfair as it is too unfeasible to the Defendant’s punishment, by adding community service order.
The prosecutor's ground of appeal is without merit.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.