사기등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is unreasonable because the court below's punishment (two years of imprisonment for a period of ten-month suspension, 80 hours of community service, and 30 million won of collection) is too unhued;
2. In light of the judgment, the Defendant received money under the pretext of exercising influence on the military personnel affairs for which he is unable to exercise his influence, and received money and valuables on the intermediation of matters pertaining to public officials’ duties, and thereby the nature of the offense was bad, the Defendant’s act was damaged, and the Defendant was punished 12 times as suspension of execution and fine, including the same kind of crime.
However, in light of the Defendant’s environment, etc., the execution of imprisonment is suspended, but the lower court’s punishment added to the community service order cannot be deemed unreasonable because it is too uneasible.
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.