사기
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentence (one year of imprisonment with prison labor for four months and one year of suspended execution) against the Defendant is too uneased and unreasonable.
2. Although the long period from the date of the instant crime, most of the damages were not recovered.
However, considering the fact that the defendant recognized the crime, the degree of deception is relatively minor due to the crime by willful negligence, the defendant partly pays the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various circumstances that are the conditions for sentencing specified in the records and arguments in this case, such as the circumstances after the crime, and the sentencing guidelines [types] under the type 1 (10 million won or less) of the general fraud [the case where the special mitigated person] under the sentencing guidelines or the case where the degree of deception is weak [the scope of recommendation] under the scope of punishment], the sentence of the court below is not determined to be unfair because the sentence is too unfeasible, and it goes beyond the reasonable scope of discretion.
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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.