사기등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal by the prosecutor (unfair sentencing) is that the Defendant has the power to be subject to criminal punishment for committing a crime of fraud under the same Act. On March 30, 2016, even though he/she committed a crime of interference with the performance of official duties, the Defendant committed each of the crimes of this case, thereby committing a high risk of recidivism. The Defendant was sentenced to imprisonment with prison labor for larceny at the Daejeon District Court on January 27, 2015 and committed each of the crimes of this case during the period of repeated crimes after he/she completed the execution of the sentence on July 26, 2015. In light of the above, the lower court’s sentence that sentenced six months of imprisonment with prison labor is unreasonable because the Defendant
Judgment
The defendant's mistake is against the defendant's wrong recognition, and is absent from the existence of alcohol, thereby committing the crime of this case, and is treated to avoid repeating the crime.
In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and is not deemed unfair, inasmuch as the amount of fraud of the instant fraud is not so significant, and the degree of intimidation is not relatively significant, and all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., are considered in light of the circumstances alleged in the grounds of appeal. Therefore, the above assertion is without merit.
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.