The punishment sentenced by the first instance court (five million won of a fine) is too unhued and unjust.

2. Determination

The Defendant concealed C for about six months as a means of providing a personal wife to C, who is passing away from fraud, etc. In addition, such crime is not good, which makes it difficult or impossible for the State to properly act in criminal justice, such as the investigation, trial, and execution of punishment against the offender. In addition, even though the Defendant was in the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (a violation of group, deadly weapons registration, damage, etc.), the Defendant committed the instant crime without being aware of it. In addition, the Defendant has been punished four times more (one punishment, two times of suspension of execution, and one fine).

Considering these circumstances, it is reasonable to punish the defendant with severe punishment corresponding to the criminal liability.

However, the defendant did not refuse to accept the request by C while knowing that he was aware of for a considerable period of time and that he was subject to deception, and did not refuse to commit the crime of this case. The circumstances that may be taken into account exist, the defendant contributed to actively cooperating in the investigation procedure on the day he was investigated by the police as a result of the crime of this case and arresting C. Considering these circumstances, it seems somewhat harsh to sentence the suspension of the previous execution of the crime of this case to be cancelled due to the crime of this case, and considering the following circumstances: the defendant's age, character, family environment, family relationship, and the circumstances after the crime of this case, etc., the sentence of the first instance court's punishment is too unreasonable when considering all the various circumstances, which are the conditions for sentencing as shown in the argument of this case, such as the defendant's age, character, family environment, family relationship, and circumstances after the crime of this case, are taken into account. Accordingly, the prosecutor's allegation

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Min Young-young

Judge Lee Jong-tae