사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the imprisonment of four months, the suspension of the execution of two years, the probation two years and the community service order of one hundred and sixty hours) of the lower court is deemed to be too uneasy and unreasonable;
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the amount of the instant fraud is not significant, and the instant case ought to be judged simultaneously in relation to larceny and the concurrent crimes provided for in the latter part of Article 37 of the Criminal Act), the lower court’s sentencing is too unfeasible, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, 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 ground that it is without merit. It is so decided as per Disposition.