사기등
The prosecutor's appeal is dismissed.
1. The sentence of the lower court (two years of suspended sentence for one year of imprisonment) to the point of the reasons for appeal is deemed to be too unhued and unfair.
2. Determination
A. According to the records, the court below determined a punishment in consideration of various reasons for sentencing, such as the following: (a) the frequency of crimes is high; (b) the nature of crimes is inferior; (c) the damage is not recovered; (d) the records of punishment for the same kind of crime are several times; (e) the amount of damage is divided and reflected; (e) the amount of damage is not large; (g) there is no history of punishment exceeding the fine; and (e) the age is lower.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.