사기
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that, in light of the method of deception, which appears in the instant crime, only partially repaid out of the amount of damage and did not complete recovery of damage, the lower court’s punishment (two months of imprisonment and two years of suspended execution, and 120 hours of community service order) 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 taken into account when determining the punishment at the court below. The Defendant committed the instant crime with no criminal power at the first instance court, and was divided into depth. However, considering the following factors: the Defendant’s age, character and behavior, environment, circumstances surrounding the crime, means and consequence, and circumstances after the crime, etc., including the fact that the amount of damage was repaid to the Defendant up to the lower court and the appellate court, the lower court’s sentencing judgment cannot be deemed to have exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.