사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six years, probation for two years, and community service order for 160 hours) of the lower court is deemed too uneasible and unreasonable;
2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of fraud by selling Internet goods is a small amount of damage, but needs to be punished strictly for many and unspecified persons; the Defendant committed each of the instant crimes to raise gambling funds without being aware of the fact that he/she had been subject to punishment for gambling by means of Internet gambling; and the Defendant had the history of having already been subject to punishment twice for
However, it is advantageous to the fact that the defendant recognized his own crime, and the defendant seems to have recovered a considerable part of the damage by mutual consent with 41 victims among 54 victims of this case.
In full view of the above circumstances, the lower court appears to have sentenced probation and community service order along with the suspended sentence of imprisonment, and there is no change in the sentencing conditions that may be particularly considered in the trial.
In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the offense, the lower court’s sentencing is deemed reasonable, and it does not seem unreasonable because it goes beyond the reasonable scope of discretion.
The prosecutor's assertion of unfair sentencing is not accepted.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is groundless.
However, among the judgment of the court below, on the criminal facts of 1.1.