사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a period of six months, two years of suspended execution of imprisonment, and observation of protection) is too unhued and unreasonable.
2. It is recognized that the Defendant has been sentenced to a fine for a crime with the same kind of crime and a suspended sentence for a crime with the same type of crime. It is also recognized that the Defendant has a record of fines for several times, a record of being subject to suspended sentence, a record of being subject to suspended sentence, and a victim was not recovered and did not agree with the victim.
However, the amount of damage is relatively less than 1.50,00 won, the hospital was hospitalized in order to receive alcohol dependence treatment, and is showing the intent of rehabilitation as a sound social person. In addition, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., and the scope of recommended sentencing guidelines established by the Sentencing Committee, such as the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
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 grounds that the appeal is without merit. It is so decided as per Disposition.