준사기
The prosecutor's appeal is dismissed.
1. In light of the fact that the summary of the grounds for appeal is not good enough to commit the crime against the Defendants, the sentence imposed by the lower court against the Defendants (the Defendant A: three years of imprisonment, four years of probation, three years of probation, three hundred hours of probation, one year and six months of probation, three years of probation, three years of probation, and two hundred hours of probation, etc.) is deemed unreasonable.
2. The crime of this case was committed by deceiving Grade II E of intellectual disability 2 and Grade III intellectual disability 3, which is his mother, and the crime of this case was committed in bad quality because the method of crime is not good and the amount of fraud is not stated, since the victim I did not reach an agreement with the victim, the victim wanting to punish the defendants, and there are a number of criminal records including the previous departments, and in particular, the crime of this case was committed during the period of suspended execution due to the same crime.
However, Defendant A returned all the amount acquired by the victim I, and the Defendants deposited an additional amount of KRW 5 million for the victim I, the Defendants divided the mistakes and did not repeat the crime. Defendant A has no criminal record of the previous crime or the suspended execution, and Defendant A has no physical record of the health status at Grade 3 with delay disorder.
In this context, considering various circumstances revealed in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, since the sentence imposed by the court below against the Defendants cannot be deemed unfair, the prosecutor’s assertion is without merit.
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.