사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too minor.
2. In full view of all the conditions of the pleadings and the records of the instant case including favorable circumstances (i.e., initial crimes, partial recovery of damage, etc.) presented in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of discretion, in light of the following as a whole: (a) the Defendant’s age character and character environment; (b) the motive and means of committing the instant crime; and
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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.