사기
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who has been punished twice due to a crime, such as this case, committed each of the instant crimes against many victims at the same time, and the nature of the crime in light of the intentional and planned method of criminal acts, is not less than that of the crime; and (b) the complete recovery of damage is not achieved, the punishment of the lower court (ten months of imprisonment and two years of suspended execution) is too uneasy and unreasonable.
2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently considered when determining the punishment at the original court. The Defendant’s conviction in the instant case is deemed to have been excessive and exceeded the reasonable scope of discretion, in light of the following factors: (a) the Defendant’s perception of all the facts of the instant crime and reflects in depth and has been recovered from the damage; and (b) other factors of sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime.
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.