사기방조
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no particular change in the sentencing conditions compared to the lower court’s judgment, and even if the grounds for sentencing specified in the instant records and pleadings are considered again, the lower court’s sentence is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
The prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion 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.