사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the crime No. 1 as indicated in the judgment of the court below: Imprisonment with prison labor for three months, and the crime No. 2 as indicated in the judgment of the court below: imprisonment for six months; suspended execution, protection and observation for two years with respect to each of the above imprisonment; the community service order 40 hours; and the order to attend a compliance driving for 40 hours) is too uncomfortable and unfair.
2. The judgment of the Defendant committed each of the instant frauds under a similar veterinary act after the Defendant was sentenced to a suspended sentence of imprisonment for fraud on February 5, 2014, and had been already punished twice due to the crime of violating the Road Traffic Act (drinking). However, the Defendant committed each of the instant traffic acts during the suspended sentence of the said frauds at a disadvantage to the Defendant.
However, there is no record of punishment exceeding the fine due to each of the above crimes, and some of the money deposited to the victim F, I, andO for the recovery of damage, etc. are favorable to the defendant.
On the other hand, each of the instant frauds in the instant case is deemed unfair because the lower court’s punishment is too unfeasible, in light of the following factors: (a) the equity between the cases where the judgment was rendered at the same time with the judgment of the lower court that became final and conclusive; and (b) the overall sentencing conditions of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence
Therefore, the prosecutor's above 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.