사기등
The prosecutor's appeal is dismissed.
1. In light of the fact that the substance of the grounds for appeal in this case is not adequate to commit the instant crime, the punishment sentenced by the lower court (two years of suspended execution of imprisonment for one year, two years of suspended execution of one year, and 120 hours of community service) is too uneasible and unreasonable
2. The fact that the Defendant committed the act of forging the private document and uttering of the falsified document, as a means to commit the crime of fraud against the victim EM information and communication company, is highly damaged by the instant fraud crime, is disadvantageous to the Defendant.
However, there are circumstances favorable to the defendant, such as the fact that all of the crimes of this case are recognized and reflected, that the defendant agreed with the victims in the original trial, and that the victims want to be informed of the defendant, and that there was no evidence to deem that the defendant did not comply with the agreement with the victims, and that there was no evidence submitted in the first instance trial.
In this context, considering various circumstances revealed in the records and arguments, the defendant's character and behavior, environment, etc. of the defendant, since the sentence imposed by the court below against the defendant cannot be deemed unfair, 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 as it is without merit. It is so decided as per Disposition.