The prosecutor's appeal is dismissed.

1. The penalty sentenced by the lower court to the summary of the reasons for appeal (six months of imprisonment) shall be too unhued and unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). Defendant was sentenced to imprisonment in 209, 2011, 2011, 2013, 2015, and 2015, and was sentenced to criminal punishment for fraud more than 33 times. Nevertheless, the fact that Defendant again committed the instant crime during the repeated period of fraud is disadvantageous to Defendant.

However, in light of the fact that the defendant recognized the crime of this case, the degree of damage is not severe, and the victim does not want the punishment of the defendant, the circumstances favorable to the defendant should be taken into account in full view of the fact that the victim does not want the punishment of the defendant, and the conditions of all kinds of sentencing as shown in the arguments of this case such as character, conduct and environment of the defendant, etc., the court of original judgment appears to have within the reasonable scope of its discretion, and there is no change in sentencing conditions that can be newly considered in the trial of this case.

Therefore, it is not recognized that the sentence of the judgment below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.