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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one hundred months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneasy and unreasonable.
However, there is a record of being sentenced to a suspended sentence of ten months in 2009 due to larceny, etc., and the crime of the second crime in the judgment of the court below is committed while being investigated as a crime of the first crime in the judgment of the court below, and there is a disadvantage to the defendant.
However, considering the following circumstances: (a) the total amount of damages incurred by the instant crime was 4.1 million won; (b) agreed with the victim F and deposited KRW 500,000 with the victim H as the deposited person; (c) the fact that the victim’s mistake was recognized and reflected; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (c) other circumstances that form the conditions for the sentencing specified in the instant case, such as the circumstances after the commission of the crime, the lower court’
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.