사기
The prosecutor's appeal is dismissed.
1. In light of the fact that the gist of the grounds for appeal is not good, and there are many previous and previous charges, it is unreasonable for the court below to exempt the defendant from punishment.
2. It is unfavorable that the Defendant’s criminal method is not good, that the Defendant did not recover from damage, and that the Defendant had a large number of previous charges.
However, there are favorable circumstances such as the fact that the defendant's mistake is seriously against the defendant, and the principle of equity with the case of judgment at the same time as the finalized fraud is to be considered.
In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, the court below's exemption of punishment against the defendant cannot be deemed unfair because it is too unfortunate and unfair. Thus, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.