사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (four months of imprisonment) of the lower court is too unfilled and unfair (the prosecutor stated his opinion that he shall be punished by imprisonment with prison labor for one year). 2. Determination is that the amount obtained by the Defendant is about KRW 17480,00,000,000, and the lower court was the basic area of the sentencing guidelines applicable to the instant crime [6 months from six months to one year and six months: imprisonment with prison labor for the instant crime and the Gwangju District Court, which was sentenced on May 18, 2016, and finally decided on May 26, 201, in consideration of equity in the case of the instant crime at the same time under Article 39(1) of the Criminal Act.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, it is difficult to view that the lower court’s four-month punishment of imprisonment, which the lower court decided against the Defendant, is too uneasible and reversed.
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 appeal is without merit. It is so decided as per Disposition.