사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and two hours of community service order) imposed by the court below is unreasonable.
2. In light of the following factors: (a) the Defendant’s method of committing the instant fraud and the degree of damage, etc.; and (b) the instant perjury crime is deemed to have caused damage to the justice by impeding the discovery of substantial truth; and (c) the need for strict punishment is recognized as an unfavorable circumstance against the Defendant.
However, in light of various circumstances, including the Defendant’s age, character, character, intelligence and environment, and motive and circumstance of the instant crime, means and consequence of the instant crime, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., the Defendant’s punishment imposed by the lower court is deemed unfair and excessive, and thus, it is not recognized that the Defendant’s punishment imposed by the lower court is unreasonable, inasmuch as it is deemed that the Defendant’s punishment imposed by the lower court is unreasonable and excessively unreasonable. The Prosecutor’s 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 ground that it is without merit. It is so decided as per Disposition.