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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.
2. The lower court rendered the above sentence by taking account of favorable circumstances, such as the fact that the victim is a majority and the total amount of damage reaches KRW 150 million, and that all the victims except for the victim R agree with the victim, and that the Defendant did not have any record of having been sentenced to the suspension of qualification or heavier punishment, and that the Defendant appears to reflect the crime late and late, the lower court sentenced the above punishment.
In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, health, circumstances leading to the commission of the crime, means and result, scale of the crime, and circumstances after the crime, other than the circumstances considered as above, the lower court’s sentence appears to be appropriate and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.
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.