사기
The prosecutor's appeal is dismissed.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (limited to four months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of order to attend a course) is deemed too unhued and unreasonable.
2. On June 7, 2014, the following day after the Defendant committed a crime listed in paragraph (1) of the facts constituting a crime as indicated in the judgment below and was arrested as a flagrant offender, the Defendant committed a crime listed in paragraph (2) of the facts constituting a crime as indicated in the judgment below on the following day: the Defendant did not recover from damage; the Defendant did not agree with the victims; and the Defendant’s previous convictions punished by the same fraud with the same content are disadvantageous to the Defendant
However, in light of the fact that the defendant is divided into his criminal act, the amount of damage by victim is not significant, there is no record of being sentenced to imprisonment without prison labor or heavier punishment, there is no economic situation as a basic living recipient, the health condition is not good, the defendant's leakage or the defendant's wife against the defendant is sufficiently booming, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as shown in the records and arguments in this case, it is not unreasonable for the court below's punishment against the defendant to be too uneasible.
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.