사기등
The prosecutor's appeal is dismissed.
1. The sentence of the court below (two years of suspended sentence to one year of imprisonment, and one hundred and twenty hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.
2. In light of the fact that the Defendant did not appear to have the attitude of denying and opposing the crime when the judgment was made in the first instance, in view of the fact that the nature of the crime was inferior in light of the applicable law of the crime, and that the Defendant actively concealed the crime, it should be punished.
However, considering the following: (a) the Defendant was living without any criminal history in Korea; (b) most of the instant crimes were attempted; (c) the amount of damage caused by fraud was 1,50,000 won; and (d) other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.
3. Accordingly, 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.