사기
The prosecutor's appeal is dismissed.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of imprisonment with prison labor for eight months and a suspended sentence) is deemed too uneasy and unreasonable.
2. The judgment of the court below is based on the following facts: (a) the Defendant had two or more criminal records prior to the stay of execution of this species; (b) the Defendant only performed a part of the amount of damage incurred by the instant crime; (c) the Defendant reflects and repents his own crime; (d) the Defendant agreed with the victim during the judgment of the court below; and (e) other matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and arguments
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.