사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (a prison term of four months, a suspended sentence of two years, and a community service order of 80 hours) is deemed unreasonable.
2. The fact that the defendant did not agree with the victim is disadvantageous to the defendant.
However, in full view of the fact that the defendant has no record of punishment, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means, and consequence, before and after the crime, it is deemed that the sentence of the court below against the defendant is too unfasible and unfair. Thus, the prosecutor's 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 appeal is without merit. It is so decided as per Disposition.