사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant (ten months of imprisonment, two years of suspended execution, two years of social service work, 120 hours) is too unfasible and unfair.
2. The crime of this case is an act of impairing the social confidence in the test results issued by the Korea Testing and Research Institute, and of impairing the performance of materials supplied to the Navy headquarters, and the nature of the crime is not good.
However, in full view of all other circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstance before and after the crime, etc., the sentence of the lower court cannot be deemed unfair because it is too unaffortuous and unreasonable, considering the following: (a) the Defendant led to the confession of the crime; (b) there is no previous conviction against the Defendant; (c) the Defendant does not seem to have earned personal benefits due to the crime of this case; and (d) the occurrence of defects in the supplied materials (neck).
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.