사기미수등
The prosecutor's appeal is dismissed.
1. The crime of this case in determining the grounds for appeal (unfair assertion) is an unfavorable circumstance against the defendant, such as the following: (a) the defendant has a right to receive a partial unpaid lease deposit from the victim or E by forging a written confirmation, etc. under the name of the victim and by applying for a payment order against the victim to a court; (b) the crime is not sufficient to commit the attempted crime; (c) the defendant has been accused of the victim and filed the complaint from the victim in this case; and (d) the defendant has filed a complaint against the victim in this case; and (c) the victim has the intent to punish the defendant.
However, in light of various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, etc., the lower court’s punishment (one year of imprisonment, one year of suspended execution, and one60 hours of community service) cannot be deemed unfair because it is too unreasonable, considering the following circumstances: (a) the Defendant had no record of punishment for the same crime; (b) the Defendant committed the crime of fraud in this case, and (c) the amount the Defendant attempted to obtain by fraud; and (d) the lower court sentenced the Defendant for six months of imprisonment, one year of suspended execution, and one year of suspended execution, and there was no new circumstance to increase it.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.