사기방조
The prosecutor's appeal is dismissed.
1. In view of the fact that the Defendant committed the instant crime while recognizing the fact that the Defendant was involved in the phishing crime and did not recover from damage, the lower court’s punishment (one year of imprisonment for four months and one year of suspended execution) is deemed to be too uneasy and unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No particular new sentencing data is submitted in the trial, and there is no significant change in the sentencing conditions compared to the original judgment. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too unfluent, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.