사기
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below (six months of imprisonment and two years of suspended execution) is too unfased and unreasonable.
2. The damage caused by the instant crime was not properly recovered.
The defendant has been punished five times, including punishment for fraud.
This is disadvantageous to the defendant.
However, the defendant recognized the crime of this case against the judgment of the court, and deposited 10 million won to the victim.
A defendant has no record of punishment during the last ten years.
This is the circumstances favorable to the defendant.
In full view of the circumstances indicated in the records, such as these circumstances and the Defendant’s age (84 years old), sexual behavior and environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.
Therefore, 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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.