사기
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, and 160 hours of community service order) is too uneased and unreasonable.
2. The so-called “singishing” crime, such as the instant case, is a crime committed against many and unspecified persons, and is a crime committed against them, with social impulses, and thus, the nature of the crime is not less than that of the crime. Therefore, the Defendant needs to be punished by strict punishment.
However, the period of the defendant's participation in the crime does not exceed one month, the defendant's participation in the crime by taking charge of telephone to the People's Republic of China and returned to Korea without his participation in the crime, the defendant seems to have no more profit derived from the crime of this case, and there are favorable circumstances for the defendant, such as the defendant's age, sex, environment, motive, means and consequence, all of the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, and the degree of the defendant's participation in the crime, and the degree of punishment for the accomplices whose degree of participation is similar, it is not recognized that the sentence of the court below is too unreasonable.
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.