beta
Text
The appeal by the prosecutor is dismissed.
Reasons
The summary of the grounds for appeal (unfair form of punishment) of the court below (one hundred months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.
Judgment
The crime of this case is a situation unfavorable to the defendant, such as that the defendant deceivings the victim by using personal trust relationship with the person E, and acquired money in an amount equivalent to KRW 72 million in total, and the liability for the crime is not less minor, and that there is no agreement with the victim.
However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant appears to have actively participated in the instant crime led by E; (c) deposited KRW 26 million in the lower court for the recovery of damage; (d) additionally deposited KRW 4.7 million in the trial; and (e) the Defendant was sentenced to a fine once due to drunk driving; and (e) there was no particular criminal power except for those sentenced to a fine once due to a drunk driving.
In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 6 months to 16 months, and both the suspended sentence and the sentence are able to be sentenced, the types of fraud crimes, the 1st category (less than KRW 100 million), the special scambling person (no), the decision of the recommended area, the scope of the recommended sentence (basic area), the suspended sentence and/or the actual sentence, and other sentencing conditions such as Defendant’s age, character and behavior, environment, the circumstances surrounding the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the court below is too unreasonable.
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 by the prosecutor is without merit.