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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the lower court is too unhued and unreasonable.
2. The defendant did not agree with the victims.
A criminal record has been committed on several occasions against the defendant, and even during the probation period for attempted larceny, each of the crimes of this case has been committed.
However, the defendant recognizes his mistake and reflects his fault.
The degree of damage caused by the instant fraud was not significant, and the larceny committed was limited to attempted crimes.
On May 30, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court (2019No2201) on May 30, 2019, and appealed to the Daegu District Court (2019No2201) and was still pending in the appellate trial, and the said case could be tried simultaneously with the said case.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.