The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

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 exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant failed to receive relief from the victims due to the agreement with the victims of each of the instant crimes, etc., and failed to recover damage to the victims, and the Defendant was sentenced to a suspended sentence of two years in the year 2009, which was sentenced to imprisonment with labor for a crime of fraud, is disadvantageous to the Defendant.

On the other hand, the defendant shows an attitude to recognize and reflect each of the crimes in this case, and the amount of damage caused by each of the crimes in this case is relatively large, etc. that are favorable to the defendant.

In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of each of the instant offenses, means and methods thereof, and all of the sentencing factors in the process of the instant records and trial, such as the circumstances after the commission of the offense, the sentence imposed by the lower court is beyond the scope of reasonable discretion or is deemed unreasonable.

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